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Guardianship arrangements

A person may require a guardian to represent their interests in situations where serious illness or old age have made them less competent to oversee their own interests or attend to their business. 

A guardian is appointed by a local register office or a court.  A guardian is frequently a child, spouse or some other close relative. A guardian can also be a public guardian

A guardian who manages a client’s property must keep accounts of the client’s assets, debts and transactions during each financial year. A person overseeing the interests of another person may receive compensation for their expenses and reasonable remuneration.

A person may also appoint someone in advance to act as their guardian who attend to their business if they later become unable to do this themselves. This mandate takes effect when a local register office has confirmed it. The delegate can ask local register office to confirm it when the assignor has become incompetent to attend his or her business.

The Register Office provides guidance in how to make guardianship arrangements

The Register Office acts as the guardianship authority and supervises those appointed to represent the interests of others. The Register Office can, if necessary, disclose the identity of the person representing the interests of a certain person. The Register Office staff are obliged to keep private matters confidential. The Register Office can also be notified that a person may need a guardian in the sense described here.

The District Court can release a guardian who is not fit for the task from his or her responsibilities.

    Text edited by: editorial team
    Updated: 3/22/2018