The digital acceptance of the Dutch levenstestament

Notaries in the Netherlands pass many private mandates (levenstestament) for the elderly, encompassing a wide range of provisions in two main categories: a continuing power of attorney and advance directives. Thus, private mandates cover many areas of life and address a variety of people and institutions. This legal instrument is a better alternative to statutory measures such as plenary guardianship (curatele), protective trust (bewind) and personal guardianship (mentorschap), because it is the elderly person who determines how care is provided in the event that he or she is no longer able to take care of themselves. It is an instrument with which empowerment and supported decision-making can be put into practice in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). In recent years, this instrument has undergone a development in the Netherlands. This development is driven by practical experience. In the article, some problems with the use of private mandates in practice are inventoried, focusing on the digital acceptance of this instrument by institutions (banks, medicare, health insurance, pension funds, etc.)