A Power of Attorney Affidavit is a crucial legal instrument in Belgian legal practice, used when formal delegation of authority requires additional sworn verification. This document is particularly relevant when the powers being granted are significant or when extra certainty is required about the grantor's capacity and intentions. The document must comply with Belgian Civil Code requirements and often requires notarial authentication. It's commonly used in situations involving international transactions, significant financial decisions, healthcare matters, or real estate dealings where the principal cannot be physically present. The affidavit component adds an extra layer of security and verification to the standard power of attorney, making it especially valuable in situations where the authority granted needs to be clearly demonstrated to third parties.
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1. Declaration and Identification: Formal opening statement identifying the grantor (declarant) including full legal name, address, and national number
2. Attorney-in-Fact Appointment: Clear identification of the appointed attorney-in-fact including full legal name, address, and relationship to grantor if any
3. Scope of Authority: Detailed description of the powers being granted to the attorney-in-fact
4. Duration of Authority: Specification of when the power of attorney becomes effective and when it terminates
5. Attestation: Formal statement by the grantor affirming that they are of sound mind and acting freely
6. Governing Law: Statement that the power of attorney is governed by Belgian law
7. Execution: Signature block for grantor, witnesses, and notary
1. Successor Attorney-in-Fact: Appointment of a backup attorney-in-fact, used when continuity of representation needs to be ensured
2. Compensation Provisions: Details of any compensation to be paid to the attorney-in-fact, included when the attorney-in-fact is to be paid for their services
3. Special Instructions: Any specific limitations or special instructions for the attorney-in-fact, included when standard powers need modification
4. Healthcare Provisions: Specific healthcare decision-making powers, included when medical decisions are part of the scope
5. Real Estate Authority: Specific provisions for real estate transactions, required when property dealings are contemplated
6. Banking and Financial Powers: Detailed financial powers, included when banking and investment decisions are to be delegated
1. Schedule A - Inventory of Assets: Detailed list of assets over which the attorney-in-fact has authority, if authority is limited to specific assets
2. Schedule B - Specimen Signature: Sample signature of the attorney-in-fact for verification purposes
3. Schedule C - Medical Records: Relevant medical records or certificates proving grantor's mental capacity at time of execution
4. Appendix 1 - Certified Translations: Official translations if the document needs to be used in different linguistic regions of Belgium
5. Appendix 2 - Identity Documents: Copies of identification documents of all parties involved
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