To get the best help for your situation, first answer the questions on the Preliminary questions page.
Guardianship and continuing power of attorney
- Preliminary questions
- Take these steps
- Prepare for the future with a continuing power of attorney
- Preparing a continuing power of attorney
- Content of a continuing power of attorney document
- Keeping and validating the continuing power of attorney document
- Cancelling or changing the continuing power of attorney
- Identifying the situation
- Starting to use the power of attorney
- Managing matters with a continuing power of attorney
- End of the continuing power of attorney
- Identifying the situation of a close person
- Applying for guardianship
- During the guardianship
- Guardianship ends or the guardian is replaced
- When does a child need a guardian?
- Duties of a child’s guardian
- You guardianship duties are ending
- Help with managing finances
- Applying for a guardian for yourself
- If a guardian is appointed to me
- Changing guardians or termination of guardianship
- Checklist
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.
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.
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.
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.