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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 legal issues that commonly affect older adults. In Viby, which is part of Aarhus Municipality, elder law matters involve Danish national laws and local municipal practices that govern health care decisions, social services, pensions, housing, wills, inheritance, and guardianship. The aim of elder law is to protect the legal rights, finances, autonomy, and wellbeing of older people and their families. Practical matters often include arranging powers of attorney, planning for long-term care, resolving disputes about municipal care services, and handling estate and probate matters after someone dies.
Many situations benefit from legal advice to make sure rights are protected and that formal steps are handled correctly. Common reasons to consult a lawyer include preparing a will and estate plan, creating a future power of attorney - called "fremtidsfuldmagt" in Danish - or negotiating care contracts with private providers. Lawyers can help when there are disputes with the municipality about available services or eligibility, challenges with pension or benefit claims, suspected financial abuse or exploitation, questions about guardianship and placement decisions, and complex family inheritance disputes. A lawyer can also explain how rules apply if the person has assets or ties in more than one country.
Several national Danish laws and local administrative systems are particularly relevant in Viby.
Serviceloven - The Social Services Act sets out municipal obligations to provide home care, practical help, nursing home placement, and rehabilitation services. Eligibility and the scope of services are assessed by the municipality, which in Viby is Aarhus Kommune.
Sundhedsloven - The Health Act governs patient rights, medical care, and issues such as informed consent and access to medical records. Patients have the right to make decisions about their treatment while they have capacity.
Arveloven - The Inheritance Act covers wills, forced heirship rules, and estate distribution. Danish law protects certain close relatives through minimum inheritance rights, while also allowing testators to make specific bequests and structure estate division.
Værgemålsloven and related rules - Guardianship and the system for appointing a guardian or administrator for someone who lacks capacity is regulated so that protective measures are used only when necessary. Since the introduction of the future power of attorney - fremtidsfuldmagt - many people can appoint trusted persons to act on their behalf if they later lose capacity.
Pensions and benefits - State pensions and certain social benefits are administered through national agencies and Udbetaling Danmark, often in cooperation with the municipality. Rules on eligibility for folkepension and supplementary benefits are nationwide but require local contact for practical steps.
Probate and estate administration - When someone dies, estate matters are handled through the Danish court system and probate administrations. Local courts and probate registries manage estate inventories, debt settlement, and distribution to heirs.
A fremtidsfuldmagt is a future power of attorney that allows a person to appoint one or more trusted agents to act on their behalf if they later lose the ability to manage their own affairs. It can cover financial matters, property, and, in some cases, personal welfare decisions. It gives individuals more control over who will act for them, avoids the need for a court-appointed guardian in many cases, and helps ensure decisions reflect the person’s wishes.
To make a valid will in Denmark you must be of sound mind when you sign it and follow the formal requirements under Danish inheritance law. Wills are commonly made in writing and witnessed according to legal rules. Because Danish law contains rules on minimum inheritance for close relatives, it is wise to seek legal advice to ensure the will achieves your intentions and is properly executed.
If a person lacks capacity to give informed consent, medical decisions are made according to the Health Act and any existing legal authorisations. If a fremtidsfuldmagt covers health-related decisions, the appointed agent can express the person’s wishes. If there is no power of attorney, next of kin are consulted and, when necessary, the municipality or a court may appoint a guardian to make decisions in the person’s best interest.
Municipal decisions under the Social Services Act can be appealed. The first step is usually to request a review or complaint with the municipality, presenting additional documentation or medical information. If the municipality upholds its decision, you can typically appeal to an independent administrative appeals board or the courts. A lawyer can help prepare the appeal and advise on the chances of success.
If you suspect financial abuse or exploitation, act promptly. Contact the municipality, the police, and the person’s bank if applicable. The municipality can investigate and arrange protective measures. A fremtidsfuldmagt or court-appointed guardian can be used to manage finances safely. Legal steps may include freezing transactions, removing an abusive person from decision-making roles, and pursuing restitution or criminal charges.
Cross-border inheritance can be complex. Danish inheritance rules apply to assets in Denmark, but other countries may apply their own law to property located there. International treaties and EU rules may affect which law applies. It is important to get legal advice that covers both Danish law and the law of the other country to coordinate probate, taxation, and asset transfer.
Legal aid options depend on the type of matter, financial means, and the significance of the case. Some people qualify for public assistance or subsidised advice, and NGOs or senior organisations sometimes offer guidance. For complex disputes or court cases, ask a lawyer about fee structures, fixed-fee services, and whether you might qualify for public legal aid or other support.
If someone loses capacity without having set up a power of attorney, the court or relevant authorities can appoint a guardian or trustee to manage personal and financial affairs. Guardianship is intended as a protective measure and should be tailored to the person’s needs, with regular oversight and periodic review to ensure the person’s rights and preferences are respected.
Placement in a nursing home is usually based on assessed need and the availability of suitable alternatives. The municipality makes decisions on placement under the Social Services Act. Any decision should respect the person’s rights and dignity. If someone opposes a placement, legal remedies and appeals are available. A lawyer can help assess whether the placement decision was lawful and assist with appeals.
Look for a lawyer or firm experienced in elder law, social law, inheritance, and health law matters. Ask about previous cases, fee arrangements, and whether they have local experience with Aarhus Kommune and local courts. Choose someone who communicates clearly in your preferred language and who understands both legal and practical aspects of care and family dynamics. An initial meeting can help you decide if the lawyer is the right fit.
Aarhus Kommune - The local municipal authority is responsible for assessments and provision of elder care and social services in Viby. Contact the municipality for assessments, service applications, and local complaints procedures.
Udbetaling Danmark - The national agency that administers pensions and certain benefits. For questions about folkepension and social pension supplements, this agency is relevant for practical steps and applications.
Sundhedsstyrelsen - The Danish Health Authority provides guidance on patient rights and medical standards in Denmark.
Socialstyrelsen - The National Board of Social Services provides national guidance and information about social care standards.
Retten i Aarhus - The local district court handles probate, guardianship, and some disputes. For estate administration and court-appointed guardianships, the court is the formal authority.
Ældre Sagen - A large Danish seniors organisation that offers information and practical guidance to older people and their families. They provide voluntary counselling and general advice on elder issues.
Local legal aid clinics and civil society organisations - Community legal clinics, bar association schemes, and NGOs can offer low-cost or initial advice to people who need help assessing their rights and options.
1. Gather documents - Collect important papers such as ID, pension statements, bank details, property deeds, any existing will, powers of attorney, medical records, and correspondence with the municipality. Clear records make legal advice faster and more effective.
2. List priorities - Decide what you want to achieve: a will, a future power of attorney, a challenge to a municipal decision, protection against financial abuse, or estate planning. Clear goals help a lawyer provide targeted advice.
3. Contact the municipality - For service eligibility and immediate care needs, contact Aarhus Kommune. Ask for written information about decisions and how to appeal if needed.
4. Seek tailored legal advice - Look for a lawyer with elder law experience in Aarhus or Viby. Arrange an initial consultation to discuss costs, likely steps, and timelines.
5. Explore support options - Check whether organisations like Ældre Sagen or local legal aid clinics can provide guidance or help you prepare documents before you see a lawyer.
6. Put key decisions in writing - Consider drafting or updating a will and setting up a fremtidsfuldmagt to express your wishes while you have capacity. Legal advice can ensure documents are valid and effective.
7. Act early - Addressing estate planning, powers of attorney, and care preferences early reduces stress and conflict later. If urgent issues arise, such as suspected abuse or an immediate care need, contact the municipality and, if necessary, the police without delay.
If you need further clarification about any of these steps or the local processes in Viby, consider arranging an initial meeting with a lawyer who specialises in elder law to discuss your particular situation and options.
