Guardianship and continuing power of attorney

If you are the guardian of a person close to you, you must first prepare an inventory of your client’s assets and debts. Keep a copy of the property inventory because the original document will not be returned to you. You must send the inventory to the Digital and Population Data Services Agency within three months of the guardianship start date. 

Instructions for preparing the property inventory and a checklist for the start of the guardianship - Digital and Population Data Services AgencyOpens in a new window.

Also contact the client’s bank to agree on banking practices, such as changes to bank account user rights or a running expenses account.

If a public guardian has been appointed for the person close to you, go to section If the interests of a person close to me are looked after by a public guardian.

As a guardian, you are accountable to the Digital and Population Data Services Agency. This means that you must keep records of how the client’s assets 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. The accounting period is usually equivalent to one calendar year. You must keep all documents, such as receipts and agreements, accumulating during the guardianship.

Instructions for preparing an annual statement - Digital and Population Data Services AgencyOpens in a new window.

As a guardian, you must observe secrecy. You may not disclose your client’s matters or show documents connected to the client’s finances to outsiders without their consent.

As a guardian, you need permission for transactions that are important to the client, such as selling or purchasing a home, borrowing money, or certain situations concerning the division of property and division of inheritance. You must apply for permission for these transactions from the Digital and Population Data Services Agency. A fee is charged for the permission.

Matters requiring permission and applying for the permission on the website of the Digital and Population Data Services AgencyOpens in a new window.

You may face a situation where you are disqualified from managing the guardian’s tasks. For example, you cannot represent your client in the division of inheritance if the counterparty is you or your spouse, children or siblings. In such situations, you must apply for a substitute guardian. A private person or a public guardian may serve as the substitute. 

Applying for a substitute guardian - Digital and Population Data Services AgencyOpens in a new window.

You are guided in the guardianship tasks by the Digital and Population Data Services Agency. You can contact the agency for help in such matters as preparing the property inventory or if you need more information about guardianship.

The public guardian will first discuss practical matters with the client, such as 

• which matters is the client able to manage without help
• persons to whom the guardian can disclose matters concerning the client
• how much money will the client have to cover the running expenses. 

You can take part in the meeting if the client so wishes.

The client may agree that their personal details can be disclosed to you or to other persons. The public guardian may not disclose to you matters concerning the client unless the client agrees to this. If the client is in poor health, they may not be able to express their consent. In that case, the guardian will consider whether disclosing information will harm the client. If the guardian thinks that you have been involved in the life of the client and acted in accordance with their best interests, the guardian may disclose matters about the client to you. 

You can also be in contact with the guardian and tell them about the wishes and needs of the client. It is usually in the interest of the client that their family members and the guardian are able to communicate with each other effectively.

The public guardian will redirect the invoices sent to the client to the guardianship office and establish an account to which the client’s income is transferred. The public guardian will also check that the client will receive the social benefits and services that the client is entitled to. If necessary, the guardian will apply for home care services or social assistance on behalf of the client.

The guardian can pay themself a fee from the client’s assets. If the task is performed by a public guardian, the remuneration is paid to the guardian’s employer. If the guardian incurs expenses from the task, they also have the right for compensation for the expenses. For instructions and a calculator to determine the fee, see the website of the Digital and Population Data Services Agency. Opens in a new window.