New rules for health care proxies

What is a healthcare power of attorney?

The healthcare power of attorney (also called extrajudicial protection measure) allows you to arrange in advance who may manage your affairs if you yourself are no longer able to do so, for example, due to illness, accident or dementia.

This tool has been around since 2014 and is very popular, especially in Flanders (more than 120,000 new care proxies by 2025 alone).

What will change?

The law of Nov. 8, 2023 on the status of the administrator introduced a clear distinction between two types of trustees (the person to whom you give the power of attorney):

Family trustee: These are persons from your immediate family or living circle, such as partner, parent, child, brother/sister, or someone with close ties who can be shown to be responsible for your daily care.

Professional administrator: These are external professionals (e.g. lawyer, financial advisor) who must meet strict conditions, including registration in a new national register of professional administrators, periodic renewal, training, and a stipulated fee.

Previously, as a principal (the person granting the power of attorney), you were free to choose who you appointed as your agent. That changes: as of going into effect, only a family or professional trustee may act as trustee.

From when?

Originally, this would take effect on Sept. 1, 2025. Due to practical reasons (including postponement of the National Register and budgetary issues), the effective date has been postponed until Sept. 1, 2027

This postponement was approved by parliament in July 2025.

Tip: Get your existing healthcare power of attorney reviewed, especially if the trustee is not an immediate family member or does not have a close healthcare relationship. You can always amend or revoke the power of attorney as long as you have legal capacity.

If you have any questions about this, or would like a full screening of your personal situation, please feel free to contact us for a no-obligation consultation.