Notarial power of attorney and mandates
Definition of power of attorney
A power of attorney enables one person (called the principal), to empower another person (called the proxy) to do something on their behalf. The agreement only takes effect once the proxy accepts it. The agreement may take effect tacitly and may result from the execution of the assignment by the proxy.
A power of attorney enables persons living abroad to have their affairs in Belgium handled by a proxy.
Types of power of attorney
A general power of attorney empowers the proxy to look after all the principal's affairs.
A special power of attorney is granted for one or more specific tasks.
The general power of attorney covers purely administrative affairs, while the special power of attorney clearly stipulates the nature of the tasks to be carried out.
A power of attorney may be granted to one or more proxies, who may act jointly or separately.
The proxy must execute a power of attorney for as long as he is entrusted with it and is liable for any damage arising as a result of failure to act in that capacity.
The principal must comply with the undertakings made on his behalf by the proxy under the power of attorney.
The most common powers of attorney enacted before Belgian diplomatic and consular officials abroad involve the purchase or sale of real estate in Belgium or the settlement of an estate.
Ending of the mandate
The power of attorney terminates when the proxy no longer executes it or renounces it, or following the death, legal restraint or bankruptcy of either the principal or the proxy.