Hva skjer med dine private midler og hvem ivaretar dine interesser dersom du blir syk, dement eller på annen måte ute av stand til å handle selv på egne vegne?

Dersom du ikke oppretter en fremtidsfullmakt er utgangspunktet at det oppnevnes en offentlig verge for deg.

I vergemålsloven – LOV-2010-03-26-9 – kapittel 10  er det gitt regler om fremtidsfullmakt, som et privatrettslig alternativ til offentlig vergemål.

Etter disse reglene kan enhver privatperson opprette et dokument som gir nærstående eller andre hun/han har tillit til, myndighet til å forvalte fullmaktsgivers økonomi og personlige interesser en gang i fremtiden. Vilkåret for at fullmakten skal komme til anvendelse, er at fullmaktsgiver rammes av ulykke eller sykdom som innebærer at vedkommende ikke lenger er i stand til å ta vare på egne interesser.

Fremtidsfullmakten skiller seg fra en vanlig fullmakt, ved at det stilles noe strengere krav til formen for opprettelse, samt i det at den først kommer til anvendelse dersom vilkårene skulle inntreffe – frem i tid. På samme måte som en vanlig fullmakt, kan den imidlertid trekkes tilbake eller endres av fullmaktsgiver på ethvert tidspunkt vedkommende måtte ønske, i forkant av at vilkårene er inntruffet.

Fremtidsfullmakt må gis skriftlig, med vitnepåtegning. Innholdet bestemmer fullmaktsgiver selv, med noen begrensninger. Fullmakten gjelder som en instruks til fullmektigen om hvordan økonomi og annet fullmakten regulerer, skal ivaretas og forvaltes. Fullmektigen er altså bundet av de bestemmelser fullmakten selv inneholder. Loven stiller også visse krav til hvem som kan være fullmektig. Det vanlige er at ektefelle, samboer eller barn oppnevnes.

Hvor dokumentet skal oppbevares bestemmer fullmaktsgiver. Det kan lagres både hos fullmektigen og hos nærstående, så vel som på din mappe hos fastlegen.

Tidspunktet for at fullmakten kommer til anvendelse, bestemmes av fullmaktsgivers helse.

Dersom fullmektigen vurderer situasjonen slik at tidspunktet er inntruffet, skal både fullmaktsgiver selv og nærmeste pårørende, varsles om dette. For tilfeller som gjelder eksempelvis demens, skal Fylkesmannen kontrollere at vilkårene faktisk er inntruffet, i samsvar med lovens krav og fullmaktens innhold.

Uten en fremtidsfullmakt vil det offentlige, dersom du settes under vergemål, få en større innflytelse over ditt liv enn det du kanskje selv ønsker.

Fremtidsfullmakten skal bidra til at din økonomi og dine interesser ivaretas i tråd med det du selv ville ønsket om du var frisk. En fremtidsfullmakt kan gjerne inngås i sammenheng med opprettelse av testament, men kan også opprettes alene.

Advokatfimaet Tjelflaat & Samdal AS i kontorfellesskap med Advokat Marianne Thunes  tilbyr bistand til opprettelse av fremtidsfullmakt. Som advokater er vi underlagt lovbestemt taushetsplikt. Ta kontakt Med Marianne Thunes på marianne@advthunes.no eller + 47 906 83 452 for spørsmål om fremtidsfullmakter eller testament.

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