Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Elder Law in Denmark and the lawyer answers, or ask your own questions for free.
Hello, Firstly, please accept our condolences for your loss. You are on the right track. You need to engage a Danish lawyer to assist you with the process. You can search for one on the Lawzana platform. All the best....
Read full answerElder law covers the legal issues that commonly affect older people and their families. In Skive, Denmark, elder law matters are shaped by national Danish legislation and by services delivered at the municipal level. Areas that commonly arise include access to municipal home care and nursing home placement, pensions and benefits, capacity and decision-making - such as powers of attorney and guardianship, health care choices and advance care planning, and inheritance and estate matters. Practical advice, representation and formal decisions often involve Skive Kommune, national agencies and the courts.
You may need a lawyer if you or a loved one faces a disputed municipal decision about care, an application or appeal related to services or benefits, or a situation where legal capacity is uncertain. Lawyers help with drafting or checking powers of attorney and wills, advising on guardianship versus private arrangements, representing clients in probate or estate disputes, and negotiating agreements about housing, care costs or asset protection. A lawyer is also useful when medical and legal issues overlap - for example, when medical evidence is needed to support a legal claim about capacity, or when you need to enforce a person’s wishes about treatment or placement.
Key legal frameworks that matter for elder law in Skive include national Danish laws and municipal practice. Municipalities, including Skive Kommune, are responsible for providing and organising elder care under the Social Services Act - this covers home help, personal care, rehabilitation, nursing home offers and certain types of respite. Health care decisions fall under the Health Act and related patient rights rules - these regulate consent to treatment and complaints about health services. Public pensions and benefits such as folkepension and pension supplements are administered nationally, commonly via Udbetaling Danmark. Capacity and decision-making are handled through private powers of attorney and through guardianship - if a person loses capacity and no private arrangement exists the courts can appoint a guardian. Estate and inheritance matters are governed by Danish inheritance law; people may make a will but should seek advice to understand how close family members are protected or what formalities must be followed. Finally, there are formal complaint channels - municipal social decisions can be appealed to municipal bodies and on to the national appeals board - Ankestyrelsen - while patient complaints go to the Patientombuddet or the regional health complaints board.
A power of attorney is a private agreement where a person authorises someone they trust to act on their behalf - for example for finances or practical matters. Guardianship is a legal measure where a court may appoint a guardian to act for a person who cannot manage their own affairs and has no valid power of attorney. Powers of attorney give more control to the person making them, because they choose the agent and the scope. Guardianship is used when no suitable private arrangement exists or when a court concludes it is necessary.
You arrange a power of attorney by drafting a document that states who will act, which powers they have, when the authority takes effect and how it can be revoked. It is important to be clear about financial powers, access to bank accounts, property transactions and any authority to make personal or health-related decisions. Because formal requirements vary for some actions, consult a lawyer or a bank for the correct wording and registration needs in order to avoid problems later.
If there is no power of attorney the court can appoint a guardian to make decisions. If someone dies without a valid will, Danish inheritance rules determine who inherits - close relatives and spouses are normally first in line. When there is no clear planning, delays and disputes among family members can occur. It is therefore advisable to make a will and consider powers of attorney while capacity is intact.
Municipalities are responsible for providing necessary home care and nursing home services. Some services are fully funded by the municipality, while others may involve user payments for certain types of practical help or for extras; rules on co-payments and transport vary. Housing costs and certain personal expenses usually remain the responsibility of the individual. For pensioners, public benefits and pension supplements administered nationally can affect ability to pay for housing and other costs.
Yes. You should first ask the municipality for a written explanation of the decision and the legal basis. If you disagree you can file a formal appeal with the municipality and then bring the case to the national appeals board - Ankestyrelsen - if the municipal decision is not changed. A lawyer can help prepare the appeal and gather supporting medical or social evidence.
To make a valid will you must comply with Danish formal requirements - for example the testator usually needs to sign the will in front of witnesses or use other permitted formalities. Because inheritance law has rules about reserved portions for close relatives, a will should be prepared carefully to ensure it expresses your wishes while complying with legal limits. Many people seek a lawyer to draft or review a will to ensure validity and to reduce the risk of future disputes.
There is no simple way to avoid all care-related costs and attempting to transfer assets solely to avoid future care charges can raise legal and tax issues. Sound planning includes early advice about entitlements, structuring pensions and savings, and lawful arrangements such as certain forms of housing ownership or agreements with family. A lawyer or financial adviser can explain sensible, legal steps and the potential consequences of transfers or gifts.
Some people may qualify for state-funded legal aid - called fri proces - in civil cases if they meet financial and case merit conditions. There are also nonprofit organisations that offer guidance, and municipal social services can advise on complaint procedures. For specific matters like benefits, social workers and pension agencies may provide free advice. Contacting a local legal aid office or asking a municipal elder advice centre can point you to help.
Bring identification, a list of assets and liabilities, recent pension and benefit statements, copies of any wills or powers of attorney, recent municipal decisions about care or benefits, medical summaries if relevant, and any correspondence related to the matter. Having these documents ready helps the lawyer give accurate advice and estimate the next steps and likely costs.
Look for a lawyer with experience in elder law issues - for example experience with municipal care disputes, guardianship, estate planning and probate. Ask about their experience with similar cases, fees and likely timelines. You can check professional accreditation with the Danish Bar and Law Society and get references or an initial meeting to see if the lawyer understands the family circumstances and communicates clearly.
Useful organisations and authorities to contact or consult include:
- Skive Kommune - for information on local elder care services, assessments and municipal decisions.
- Borger.dk - the national citizen portal with practical information on rights, pensions, elder care and formalities.
- Udbetaling Danmark - for information on folkepension, pension supplements and housing benefits.
- Ankestyrelsen - the national appeals board for social decisions.
- Patientombuddet - for complaints about health care and patient rights.
- Ældre Sagen - a large nonprofit organisation offering advice and support for older people.
- Danish Bar and Law Society - to find a qualified lawyer and check professional standing.
- Municipal elder advice centres or social centres - for local help with forms, applications and contacts.
If you need legal assistance with an elder law matter in Skive, follow these steps:
1. Gather key documents - identification, pension statements, any municipal letters, medical notes, wills or powers of attorney.
2. Contact Skive Kommune if the matter involves home care, a nursing home offer or benefits - ask for the decision in writing and the reasons for it.
3. Seek an initial legal consultation - either paid or through available legal aid options - to understand rights, likely outcomes and costs.
4. Consider drafting or updating a will and a power of attorney while capacity is clear, and discuss the best structure with a lawyer.
5. If you disagree with a municipal decision, ask about the appeal procedures and relevant deadlines, and get help preparing the appeal.
6. Keep clear records of meetings, decisions and communications. If needed, involve trusted family members and document any delegated authorities.
Taking practical steps early - and getting specialist legal advice when matters are complex or disputed - will give you the best chance of protecting rights, care needs and family interests.
