Power of Attorney in The Netherlands

A power of attorney in the Netherlands allows a person to empower another individual to act for them. A Dutch power of attorney can be given expressly of tacitly, according to the Civil Code in the Netherlands. A general power of attorney in Holland does not extend to acts of disposition, unless it is stipulated so in the document. A general power of attorney in the Netherlands applies to general affairs, while a special power of attorney in Holland is granted for specific purposes in terms of administration and disposition.

The representative must show the Dutch power of attorney to a third party, since they are entitled to know the role of the attorney. However, if the third party has already been informed in a previous meeting or by a previous document, the presentation of the Dutch power of attorney is not necessary anymore.

When it comes to the termination of a power of attorney in the Netherlands, the document validity ends only upon the death of the grantor or of the attorney, appointment of a guardian or bankruptcy. Also, the power of attorney in Holland comes to an end by the donor’s revocation or by the renunciation of the attorney. There is however the possibility to issue an irrevocable power of attorney in the Netherlands or to mention that the power of attorney does not end upon the death of any of the parties.

After the termination of the power of attorney in the Netherlands, the attorney may be asked to return the documents that prove the existence of a power of attorney. In the case that the power of attorney in Holland was granted by notarial instrument, the grantor may go to the public notary and ask for the original documents, where the Dutch notary might have to write about the power of attorney.

If the power of attorney in the Netherlands does not stipulate otherwise, then the attorney might transfer his power to another person only if he has legal power to delegate another individual and if the transfer is necessary to the best interest of the main donor. However, the grantor should be announced about the changes operated under his power of attorney. Therefore, an attorney might grant another power of attorney only to the extent that any of the parties benefit from the transfer. 

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