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Guardianship and continuing power of attorney

To get the best help for your situation, first answer the questions on the Preliminary questions page.

Identifying the situation

When can I start using the continuing power of attorney?

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 their affairs. The donor is the person granting the continuing power of attorney. You can only start acting on behalf of the donor after the Digital and Population Data Services Agency has validated the power of attorney. 

Updated: 28/1/2022

What are the tasks of the donee?

The donee is the person whom the donor (the person granting the continuing power of attorney) has authorised to manage their affairs. The donee has the right to manage the affairs specified in the power of attorney.

The donee must ensure that the rights of the donor are safeguarded and the donee must also consider the donor’s views if the donor is able to understand the significance of the matter. 

Read more about the donee’s tasks on the website of the Digital and Population Data Services Agency.Opens in a new window.

Updated: 11/1/2024

What are the differences between the tasks of a donee and a guardian?

The tasks of the donee involve less official supervision than the guardian’s tasks. For example, the donee does not need to submit an annual statement to the Digital and Population Data Services Agency unless this is stated in the power of attorney document. 

Updated: 18/1/2022

If I do not want to serve as the donee

If the Digital and Population Data Services Agency has not yet validated the continuing power of attorney and a specific person has been designated as a secondary donee in the power of attorney, the person in question may serve as the donee instead of you. You should therefore check what has been written in the power of attorney document and discuss the matter with the donor and the secondary donee. 

If the continuing power of attorney has already been validated, you must submit a form to the Digital and Population Data Services Agency stating that you no longer want to serve as the donee. 

For detailed instructions on giving up the task, see the website of the Digital and Population Data Services Agency.Opens in a new window.

Updated: 3/1/2024

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