What to do when drawing up a healthcare contract or healthcare power of attorney?
If you are no longer able to take care of yourself, your property, finances and possessions due to illness or disability, you can arrange a care contract or health care power of attorney.
A healthcare contract is not the same as a healthcare proxy. Below you can read what it is and how to arrange a care contract.
Care contract
You can conclude a care contract in advance with one or more informal caregivers.
The care agreement describes:
- the inventory of care tasks: chores, shopping, laundry, ironing, etc.;
- the financial compensation that informal caregivers receive for their care tasks.
Important :
- It is best to discuss these financial agreements with everyone involved to avoid family tensions.
- The agreement may have an impact on inheritance tax and the estate. It may therefore be smart to record this with a notary .
When drawing up a care contract, you can ask for advice via the Zorglijn or from the notary where you conclude the care contract.
Healthcare proxy
With a healthcare power of attorney, you give one or more agents the authority to make certain decisions or perform actions on your behalf.
A power of attorney can decide on:
- your business interests (e.g. managing your account, payments);
- you as a person (e.g. admission to a residential care centre).
Legally speaking, you remain legally competent.
What are the conditions?
To give a health care power of attorney you must:
- be of age;
- be competent.
Draw up the agreement
Draw up the agreement in advance and in as much detail as possible. A notary can help you with this.
Indicate:
- whether you give power of attorney to manage your assets (paying bills) or to dispose of them (sale, donation);
- which aspects of care you want (e.g. which residential care center);
- what powers the agents are each given, who carries out the audit and what compensation they receive;
- the date on which the power of attorney takes effect. You can also indicate that the power of attorney only takes effect if you are no longer able to carry out your business interests yourself.
Sign the health care proxy
The health care proxy must be signed by you and your representative(s).
Register the agreement
The agreement or withdrawal must be registered in a central register. That costs 24 euros.
You can do this at:
- the registry of the Justice of the Peace in your place of residence;
- the notary who drew up the healthcare power of attorney.
More information
- For specific information: visit www.notaris.be.
- For general information: contact Zorglijn.