Levenstestament / Incapacity Control

Authority during incapacity

Who can act during absence or incapacity — and on what legal basis?

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When this becomes a problem

Access to a phone or banking app does not create legal authority

If a key person is absent or loses capacity, the family needs authority that the relevant institution will recognise. Personal, banking and company roles are tested separately, with a named substitute for each.

Authority after an event

Access, a job title and legal authority are not the same thing.

Personal, banking and company authority is tested separately for each event, together with a substitute decision-maker.

Recognised authority
  1. 01Event

    Absence or incapacity

  2. 02Basis

    Mandate or appointment

  3. 03Recognition

    Bank, company or authority

How a substantive answer is prepared

From the client’s question to a conclusion owned by a professional.

The portal and open material help frame the question. An individual conclusion appears only after a separate review.

  1. 01
    Facts

    We reconstruct the event, countries, people’s roles, assets, documents and assumptions.

  2. 02
    Professional materials

    Only material needed for the particular question is consulted through the protected internal process.

  3. 03
    Current rules

    Key propositions are checked against current law, official guidance and the applicable procedure.

  4. 04
    Professional answer

    A professional formulates the conclusion independently, states its limits and approves it in their own name.

The client receives our explanation and accountable professional conclusion—not access to an internal library or another publisher’s material.

What can go wrong

  • one person is both sole actor and sole backup;
  • the attorney can make unrestricted self-interested gifts;
  • the family confuses a living will with a will;
  • corporate authority is untested;

Expected outcome

An Event × Role matrix separates personal, banking and company authority and identifies the substitute and verification route.

The intended outcome and the sequence of work are set out below.

  1. event-based authority matrix
  2. document-activation map
  3. map of bank, Dutch private-company and provider requirements
  4. substitute-person register

What the client prepares

  • who acts first and who substitutes
  • which limits and controls are needed
  • who may receive family-safe information

Titles and dates of existing documents are enough at first. Do not upload passports, statements or confidential files.

What VB Structuren does

  • connects the facts, objectives and constraints in one decision model
  • tests the assumptions, applicable rules and practical workability of the selected route
  • prepares client-specific outputs and coordinates the agreed implementation

VB Structuren’s responsibility attaches to the separately agreed scope and the professional conclusion after review—not to an automated tool result.

Where specialists join

The notary, corporate lawyer, bank and relevant medical professional each confirm the applicable part.

Documents and outputs

01

Event-role matrix

Actor, authority, institution and substitute for each event

Formal owner: VB Structuren
02

Levenstestament

Notarial personal powers, instructions and safeguards

Formal owner: Civil-law notary
03

Director absence arrangements

Corporate continuity when a director cannot act

Formal owner: Company + corporate counsel / notary
04

Bank authority forms

Operational recognition by the relevant bank

Formal owner: Bank

Timing, price and scope

01

Timing

Stages and target dates are agreed after the initial facts, document completeness and required specialist availability have been checked.

02

Price

The fee is stated before paid work begins in the separate product order, as a fixed fee or agreed stages. The free portal and acceptance of its terms do not themselves create a paid order.

03

What increases the scope

  • different personal, banking and corporate powers
  • several institutions with their own procedures
  • foreign mandates or medical instructions

Next personal contact

After the Estate Control Check, formalise a clear engagement route

The master agreement records the general terms of collaboration once. Each paid service or materially new phase then has its own order recording the output, boundaries, timing, fee and responsible parties. KYC begins after that order is accepted.