Guardianship and continuing power of attorney

You can grant a continuing power of attorney if you are at least 18 years old and you are able to understand the contents and meaning of the arrangement. Legal aid offices, law firms and notarial services provided by banks can help you in the preparation of the document. 

You should appoint a donee, a secondary donee and a substitute donee. However, you can prepare a continuing power of attorney even if you could only appoint a single person for the task. When considering the appointments, select persons that you can trust. 

A continuing power of attorney may contain provisions on the following:

• management of your property and finances
• right of the attorney to disclose information about such matters as your health and finances to persons close to you
• obligation of the donee to prepare the final statement

Make sure that the power of attorney contains all mandatory matters such as the entry into force condition.

You need two impartial witnesses when the continuing power of attorney is signed. Both witnesses must be present at the same time when you sign the document. 

Keep the continuing power of attorney in a place where the donee can easily find it when it is needed. The continuing power of attorney document cannot be sent to the Digital and Population Data Services Agency for storage. The donee should only send the document to the agency for validation when it must be used.

If you want to change the continuing power of attorney, you must prepare a new power of attorney. You can cancel the continuing power of attorney by destroying all original copies of the document that you have prepared. 

You can apply for the validation of the power of attorney from the Digital and Population Data Services Agency when the donor is no longer able to manage his or her own affairs.

Send the original power of attorney document, the application and a medical certificate to the Digital and Population Data Services Agency.

You can speed up the validation process by requesting a statement from the donor and the donor’s spouse. You will be notified by post or by email when the power of attorney has been validated.

After the continuing power of attorney has been validated, you must prepare an inventory of the donor’s assets and debts for the Digital and Population Data Services Agency. The inventory must be prepared within three months of the validation. Keep a record of the donor’s assets and debts and transactions carried out during the accounting period.

When using the continuing power of attorney in contacts with different parties, show them the validation decision and the power of attorney document attached to it. 

Your obligations as the donee depend on the reasons why the power of attorney expires. 

Powers of attorney, Suomi.fi e-Authorizations and bank account user rights are some of the options available if you have to manage financial matters on behalf of a close person. 

If these options are not enough, a guardian may be needed.

A private person can be appointed as the guardian, or the task may be carried out by a public guardian who is not a friend or a family member of the client. Could you serve as the guardian of a person close to you?

Any person that meets the legal requirements and agrees to perform the task can serve as the guardian of a close person. The suitability is assessed on a case-by-case basis.

Submit a notification of a close person in need of guardianship to the Digital and Population Data Services Agency. You should state in the notification whether you would like to have a private or public guardian. 

The Digital and Population Data Services Agency will contact the person in question and determine whether a guardian is needed.

Ensuring the wellbeing of a close person can be a major concern. Peer support is provided by a range of different associations. 

If you are the guardian of a close person, you must prepare an inventory of their assets and debts. You must send the inventory to the Digital and Population Data Services Agency within three months of the guardianship start date.

As the guardian, you must keep a record of how the assets of your client are used and prepare an annual statement on this basis. You must prepare the annual statement each year and return it within three months of the end of the accounting period. 

When the guardianship ends you must still prepare the final statement. Prepare the final statement for the period that is not covered by the last annual statement. 

Guardianship will end if

• the client’s condition improves and no longer needs a guardian
• the guardian has been appointed for a fixed period. In such cases, the guardianship ends automatically at the end of this period
• the guardian no longer wants to serve as the guardian
• the client or the guardian dies.

You must submit the property inventory and its attachments to the Digital and Population Data Services Agency if 

• the value of your child’s property exceeds 20,000 euros
• the Digital and Population Data Services Agency asks you to provide the details of your child’s property.

You are responsible for your children’s property and for managing their finances on their behalf. 

Make sure that

• you use your children’s property for their benefit only
• you pay for the children’s maintenance (such expenses as food and leisure activities)
• keep the property of your children separated from your own assets
• keep all receipts and documents

Keep records on the use of your child’s money and prepare the annual statement on this basis. You must prepare the annual statement each year. You must return the annual statement within three months of the end of the accounting period (by the end of March).

You must apply for permission from the Digital and Population Data Services Agency for major transactions that you carry out on behalf of your child.

Following are some of the transactions requiring permission 

• selling and buying a home 
• selling and buying real estate 
• division of property and division of inheritance, if the estate of the deceased has not appointed an estate distributor.

You must submit the final statement when your guardianship assignment ends.

Guardianship duties end 

• when your child reaches the age of 18.
• if the value of your child’s property falls below 15,000 euros for acceptable reasons. 

Different methods include powers of attorney, Suomi.fi e-Authorizations and bank account user rights.

If possible, make a power of attorney.

If these options are not enough, a guardian may be needed.

The guardian may be a private person, i.e., a private guardian, or a public guardian who works as a guardian.

A person who is suitable for the task and has agreed to be a guardian may act as a private guardian. A private guardian is often someone close to you, such as a family member, friend or relative. 

If you need a guardian, apply for it with the Digital and Population Data Services Agency. Attach a medical statement on your state of health to your application.

To apply for a guardian, you must understand what the appointment of a guardian means for you.

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