Power Of Attorney Affidavit

Power Of Attorney Affidavit Template for Denmark

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Document background

The Power of Attorney Affidavit is a crucial legal instrument used in situations where formal delegation of authority is required under Danish law, combined with the gravity of a sworn statement. This document is particularly relevant when the principal needs to authorize another person to act on their behalf in matters requiring heightened legal certainty, such as real estate transactions, court proceedings, or significant financial dealings. The affidavit component adds an extra layer of solemnity and legal weight to the power of attorney, as it includes sworn statements about the principal's capacity and intentions. Under Danish law, the document must meet specific formal requirements including proper witnessing and notarization, and may need to comply with both the Danish Administration of Justice Act and the Danish Contracts Act. The Power of Attorney Affidavit can be used both domestically within Denmark and in international contexts, though additional formalities may be required for international use.

Suggested Sections

1. Title and Date: Formal title of the document and date of execution

2. Parties Identification: Full legal names, addresses, and identification numbers of both the Principal (grantor) and the Attorney-in-fact (grantee)

3. Declaratory Statement: Opening statement declaring that this is a sworn affidavit, including reference to legal capacity under Danish law

4. Scope of Authority: Detailed description of the powers being granted, including specific authorities and any limitations

5. Duration: Time period for which the power of attorney is valid, including start date and end date or conditions for termination

6. Governing Law: Statement that the document is governed by Danish law and reference to relevant legislation

7. Execution Requirements: Requirements for witnessing, notarization, and formal execution under Danish law

8. Attestation: Sworn statement by the Principal confirming the truth of the contents and voluntary execution

9. Signature Block: Spaces for signatures of Principal, witnesses, and notary public with appropriate attestation language

Optional Sections

1. Substitute Attorney: Section appointing a substitute attorney-in-fact in case the primary attorney becomes unable to act

2. Revocation of Prior Powers: Statement revoking any previously granted powers of attorney, if applicable

3. Special Powers: Detailed list of any special or specific powers being granted beyond general authority

4. Healthcare Decisions: Special provisions for healthcare decision-making authority if included

5. Property Transactions: Specific authority for real estate or property transactions if needed

6. Digital Authorization: Provisions for digital representation and electronic signing authority under Danish Digital Powers of Attorney Act

7. Translation Certificate: If document needs to be used internationally, certified translation statement

Suggested Schedules

1. Schedule A - Identification Documents: Copies of official identification documents for both Principal and Attorney-in-fact

2. Schedule B - Specific Powers: Detailed enumeration of specific powers granted if too extensive for main document

3. Schedule C - Property Details: List of properties or assets covered by the power of attorney if applicable

4. Appendix 1 - Witness Declarations: Separate declarations from witnesses confirming the Principal's identity and capacity

5. Appendix 2 - Certified Translations: Official translations if document needs to be used in non-Danish jurisdictions

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