Response to interpellation 2024/25:660 on formal requirements for powers of attorney
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
M argues that the government is acting forcefully against economic violence and has initiated important processes 1 2 3. M emphasizes that the analysis of formal requirements for powers of attorney is necessary for efficiency 1 3 and argues that the government has done more in two years than during many years prior 3. M believes that there is a real problem with the consequences of the lack of formal requirements 4 and that an effective requirement should be designed 4. S believes that the government has not acted with sufficient force and that the lack of formal requirements makes it possible for perpetrators of violence to indebt partners 5 6. S hopes that the government moves from words to action 7.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Justitieministern Gunnar Strömmer (M)
Madam Speaker! Anna-Belle Strömberg has asked me why I and the government have not yet returned to the Riksdag with a bill on formal requirements for powers of attorney, how I and the government intend to take into account the Riksrevisionen's audit of the state's efforts against economic violence in close relationships, and what measures I and the government intend to take to ensure that powers of attorney cannot be used as a tool for economic violence in close relationships.
I want to first emphasize that violence by men against women constitutes a very serious societal problem that can never be accepted. The government's position in that part is crystal clear: violence by men against women and violence in close relationships shall be combated with the same force as gang crime.
The Government has received the Swedish National Audit Office's report. We welcome the audit, which contributes to highlighting the work to counter economic violence. The Government will respond to the recommendations in a letter to the Riksdag by October 10 this year at the latest. I do not want to anticipate that letter today, but I still want to emphasize that it will naturally come and that it will be well-elaborated.
The Swedish National Audit Office's report raises the issue of formal requirements for powers of attorney and the Riksdag's announcement on that issue. The Government Offices are currently analyzing which different measures should be taken in light of the announcement. Among other things, it needs to be considered how a regulation can be designed to be effective while at the same time not creating an unjustified obstacle for legitimate transactions. There are several aspects to consider, and the government will return to the Riksdag when the analysis is complete.
The government has acted forcefully ever since it took office to counter precisely that economic violence. Recently, a draft for a referral to the Council on Legislation was submitted, containing proposals for a specific penal provision for psychological violence. It shall be applicable to repeated violations against a person if the violations collectively have been intended to seriously damage the person's self-esteem. According to the draft of the proposal, such violations can, among other things, consist of certain cases of surveillance of economic activities, for example a bank account.
The government has also appointed an inquiry to review the regulatory framework surrounding the division of assets and the reflection period in the event of a divorce, in order to ensure an efficient procedure for those who wish to separate and in that way counteract economic violence. In addition to this, several agencies have been tasked with compiling and disseminating information about economic violence to their respective target groups.
Anna-Belle Strömberg (S)
Madam Speaker! I would like to begin by thanking the Minister for Justice for the answer. We are in full agreement that men's violence against women constitutes a serious societal problem that can never be accepted.
The Minister for Justice also says in his response that men's violence against women in close relationships should be combated with the same force as gang crime, but when it comes to economic violence, it does not quite feel like the government has acted or will act with exactly the same force as against gang crime.
Economic violence is a serious form of oppression that often occurs in close relationships. It can mean that a person takes control of their partner's finances, indebts the partner by taking out loans in their name, or limits the possibility of work and livelihood. Such actions make it difficult for the victim to break free from a destructive relationship and can lead to long-term economic and psychological consequences.
A particular problem is the absence of formal requirements for powers of attorney. Cases have been reported where perpetrators have used oral or deficient powers of attorney to incur debt in their partner's name – sometimes with the help of incorrect personal identity numbers. This has allowed large loans to be taken out in the victim's name without knowledge or consent, which further binds the victim to the perpetrator.
The Riksdag has recognized this problem, and a year ago we issued a notice to the government to review the possibilities of introducing specific formal requirements for powers of attorney concerning major financial commitments, such as large loans. The Committee on Civil Affairs emphasizes that such formal requirements, similar to those that exist for wills and future powers of attorney, could be an effective tool to prevent economic violence and protect vulnerable persons.
Despite the fact that more than a year has passed, the government has not returned with any proposal. Now, the Swedish National Audit Office, in its review of the work against economic violence, has criticized the government regarding the fact that there are significant deficiencies in the state's work and that the government and the authorities have not taken sufficient measures to counteract economic violence.
The Minister for Justice's answer is that the government will respond to the recommendations in a letter to the Riksdag by October 10, 2025, which for me means that there will be no powerful measures in the near future.
The National Audit Office's report also shows that the bills lack a consistent perspective on economic violence and that the problems with formal requirements for powers of attorney have not been addressed. Against the background of the announcement and the National Audit Office's report, we Social Democrats consider it extremely urgent that the government returns as soon as possible with measures regarding the issue of just formal requirements for powers of attorney.
Madam Speaker! Therefore, I would still like to have a bit more information from the Minister for Justice. Is one prepared to not only speak about analyzing which measures should be taken in light of the announcement and in response to the recommendations from the National Audit Office, but actually move from words to action?
Justitieministern Gunnar Strömmer (M)
Madam Speaker! Thank you to Anna-Belle Strömberg for the opportunity to discuss these very important issues today!
One could say that it was not the ability to move from words to action that was characteristic of this area during the past eight years, when it was a Social Democratic government. Nor did we come to a set table in this area; instead, we came to a clean table and have had to begin this work in parallel with other urgent work currently underway, for example, to combat economic crime.
I have highlighted three very central processes, all of which are a result of efforts from the government. First and foremost: Regarding the announcement – which I welcome – as well as the Riksrevisionen's report, I have said that we intend to return in the autumn. It will, of course, not just be a response with broad brushstrokes, but it will in practice be a way for us to formulate the concrete action plan forward in the parts highlighted both in the announcement and in the audit – not least regarding the mandates. When we return, we will therefore do so with precision and force.
Analysis is not a euphemism for passivity. It is an expression that the questions are taken seriously. And when we finally set our feet down, we want to know that we are doing it in the right way and can move forward in an efficient way.
I also raised the issue of economic violence, which we know from experience can be exercised in connection with the division of property processes. There was also nothing to grasp at there when we took office, but we have ensured that those issues are now being investigated seriously for the first time, even though they were first highlighted as early as 2005 or something similar in connection with a government inquiry. It is very significant. We know, namely, that it is a potentially powerful tool in a vulnerable position for the economically weaker party, which is typically women.
The third thing I raised was psychological violence. There, we inherited a legislative product that was initiated during the previous mandate period but which received devastating referral criticism, primarily from the judiciary. It was argued that the proposal, as it was designed, would be legally insecure, that it lacked precision, and that it stood in conflict with the principle of legality and other matters. We did not set that aside, but we have internally in the department taken a new approach to the issue.
The question is significant in this context because much of the economic violence that, for example, takes place within the framework of a destructive relationship is difficult to address with today's legislation. But by obtaining a regulation on psychological violence, with precision, one will, for example, be able to target a man who takes control of a bank account, a bank-id, or a mobile phone, who borrows money at the expense of his partner or sister without her explicit consent, and so on.
If one adds up all these parts, especially when we are going to receive the third part in this series – which we will return to this autumn – I dare to assert that during this mandate period we are doing more against economic violence than governments and this chamber have achieved over several decades.
I am very pleased that there is an offensive and constructive interaction with the Riksdag in these issues, not least in the Committee on Civil Affairs. I look forward, as I have said, to returning with the conclusion during the autumn.
Anna-Belle Strömberg (S)
Madam Speaker! I thank you for the answer.
The Minister for Justice says both in his response and now that the government has acted forcefully to counter economic violence ever since it took office. I still wonder what has been done. It is, after all, relatively simple today to build up debts in a relative's name by forcing a relative to take out loans or by forging signatures or ordering goods and services in the victim's name.
Approximately 6.1 percent of all women in Sweden report that they have been forced to take out loans or to sign a contract or in some other way have been exploited by a former partner. The indebtedness often has long-lasting consequences in the form of difficulties in supporting oneself and obtaining new rental contracts. The debts have consequences for those subjected to violence even in custody disputes.
Women's organizations have warned that the absence of formal requirements for powers of attorney has been used by violent men to exert power and control over women. It is all too common for powers of attorney to be forged regarding loan documents or real estate transactions. The consequences hit the affected individuals hard through protracted legal processes, high costs, and extensive mental strain over the long period.
The Swedish Enforcement Authority and the Police Authority also testify that economic violence is a major problem.
In the Riksdag, we have had seminars where women have told how they have been subjected to economic violence, how it has affected their ability to support themselves and their children, and that it has led to isolation. Powers of attorney for banking matters have neither contained dates nor been witnessed and have furthermore had incorrect personal identity numbers. Nevertheless, they have been able to be used to take out large loans for which the woman has then been left entirely responsible for alone.
There is a lack of requirements on how powers of attorney for banking matters should be designed. Powers of attorney do not need to be witnessed, unlike wills and future powers of attorney. I know that there are banks that, despite the lack of legal requirements, require witnessed powers of attorney. But when a perpetrator of violence can still seek out a bank that lacks such requirements and take out a loan in a relative's name by forging or forcing a signature, we should establish a formal requirement.
Madam Speaker! The Minister for Justice states in his response that the Government Offices are analyzing which measures should be taken in light of the announcement and that, among other things, it needs to be considered how a regulation can be designed to be effective while at the same time not posing an unjustified obstacle to legitimate transactions. I truly understand the point that there may be advantages to not having formal requirements on powers of attorney. But the state's good intentions to simplify transactions cannot come at the expense of women at risk of violence, who may end up in such situations as those that have been reported to us in the Riksdag.
Madam Speaker! What has the government done since it took office? It is said that they have acted forcefully to counter economic violence. It is also said that several agencies have been tasked with compiling and disseminating information about economic violence to their target groups. What is it they are supposed to compile, and who are the target groups?
Justitieministern Gunnar Strömmer (M)
Madam Speaker! I agree completely with the description of the problem that Anna-Belle Strömberg expresses. I would naturally wish that many of the measures being called for had been in place, preferably two, four, eight, or ten years ago. But that was not the case.
Now we are tackling these tasks, powerfully or not – that is perhaps a matter of judgment. But during the previous eight years of Social Democratic rule, no investigations were commissioned into, for example, the division of assets procedure, which we know is a central part of economic violence. We have done that.
When it comes to psychological violence, the only thing that came out of the eight years was a legislative proposal that turned out to be unusable. We have addressed this internally in the Government Offices, also to ensure that it targets many of the problems that Anna-Belle Strömberg raises for very good reasons regarding economic violence in practice and how it can be criminalized and punished in a more effective way.
I agree that what the announcement aims at, and what the National Audit Office also highlights, is how one can act preventively to prevent this from happening in the first place. The penalties will only become relevant once the abuse has occurred. We want to take measures to reduce the number of abuses and decrease the room for a financially stronger party, often a man, to exert this oppression against his partner. That is where, among other things, the powers of attorney come in. And I welcome the announcement.
I think it is simply a reality that if it is to be designed in a way that achieves the intended effect without entailing costs in completely different contexts, where transactions of various kinds are entirely legitimate, it is clear that we are keen to do it in a thorough and precise manner. That work is ongoing, and I have promised that we will return to the Riksdag when it is finished. I have also said that we in October, to be very precise, will return to all the parts that the Swedish National Audit Office highlighted.
Overall: It is a major societal problem. It is extraordinarily good that we have a motion from the Riksdag on the issue and a thorough audit from the Swedish National Audit Office. And it is worthy of all respect that Anna-Belle Strömberg and other members in this chamber raise the issues. It is good that you are pressing the government. I just want to emphasize that we have done more in this area in 2 years than what has been done in 8, 12, perhaps 16 years, and much more is in the works. It is precisely in line with the demand that is expressed here in the chamber today.
Anna-Belle Strömberg (S)
Madam Speaker! I thank you for the answer.
The Riksdag has, just like the Minister for Justice, been very clear that a formal requirement for powers of attorney is needed for major financial commitments. The referral bodies have been positive, research warns against legal tools that can be used as means of power, and the Swedish National Audit Office points out that our society still lacks a coherent effort against economic violence.
Therefore, Madam Speaker, I want to express a hope that the Minister for Justice now moves from words to action and that he sees the people who are affected. These are not just figures, statistics and analyses, but they are women in need of protection and justice. I truly hope that the government returns with proposals that make it clear that powers of attorney shall never be used to take power over someone else's life.
This is a question of legal certainty but above all a question of human value. I thank the Minister for Justice for the debate.
Justitieministern Gunnar Strömmer (M)
Madam Speaker! I also thank you for a very important discussion. I think it is excellent that the questions we are now talking about are raised continuously here in the Riksdag and that we in the government are given the opportunity to discuss them with members of the Riksdag and, in that respect, also with the Committee on Civil Affairs, which handles them.
I want to emphasize that I have no other opinion on the matter regarding the powers of attorney. I think that the Riksdag and others are pointing out a real problem when it comes to what consequences the lack of formal requirements can have, not least regarding threats of violence against economically vulnerable women who are the weaker party in a destructive relationship. We must address that problem in different ways.
Now we are in the next phase and shall design such a requirement in a way that becomes effective. One must achieve the intended effect without, for that reason, creating problems in completely different contexts where legitimate transactions occur. I am convinced that it will be possible to achieve the goal, and I promise that we will return to the Riksdag as soon as we are finished with it.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.