Guardianship power of attorney

A letter of representation and planning for the future

A power of attorney is a document that is absolutely linked to planning your future. A power of attorney is a way of preparing in advance for a situation in which you will not be able to manage your own financial and other affairs in the future, for example because of illness or deteriorating health.

If you do not do it yourself in time, the authority will arrange the representation

In such situations, if no guardianship document has been drawn up, the person will usually have to be appointed a guardian by decision of the authority. In this case, you may not be able to decide who will act as your guardian.

Mandate and benefits

The power of attorney offers a flexible and private alternative to public authorities. This allows you to choose your own potential guardian. A key element of a power of attorney is the trust that the person appointing the attorney has in the attorney(s), who may be more than one.

Election of a representative

One of the most important things to consider when drawing up a power of attorney is the choice of the person to act as your proxy. There are no specific qualifications required by the law on the power of attorney, but the person must be able and suitable for the job. We recommend that you choose someone you trust and know well, such as your spouse, child or friend. A person who is unfit to act as guardian may, for example, be a person who has been appointed guardian and unsuitability may be indicated by, for example, a criminal record.

Tuula Rainto, [email protected], 045 111 5577

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”Tuula handled my Power of Attorney as I had hoped, so that at some point my affairs would be handled jointly by my children. I can now focus on other things instead of worrying.”

Irja, 85 years old.

The mandate may also include the choice of an alternate mandate holder

The instrument of representation may include provisions on the tasks of the delegate and these tasks may also be shared between several delegates. It is also advisable to appoint an alternate and a substitute trustee to act as trustee if the trustee is temporarily or permanently unable to perform his or her duties as trustee. You can also stipulate in the trust deed that all your trustees together will take certain big decisions, such as selling your home, if this is in your best interests.

Contents of the letter of representation

A power of attorney can influence the scope of the powers of the attorney, for example by making certain major property transactions subject to authorisation. The power of attorney can also be used to influence the supervision of the delegatee's activities. If there are several proxies, it is possible to provide that they are accountable to each other. In this case, control works well.

You should discuss the more detailed content of the power of attorney and the possibilities offered by the law with a lawyer.

Letter of representation and formal requirements

The power of attorney is subject to strict formal requirements, compliance with which is essential to ensure that the power of attorney can be subsequently validated by the Office for Digital and Population Affairs (formerly the Land Registry). The power of attorney must be signed in person in the presence of two unobstructed witnesses.

The instrument of representation and its enforcement

The authorisation under the power of attorney will only take effect once the power of attorney has been confirmed by a decision of the Office for Digital and Population Affairs. Thus, the conclusion of a power of attorney does not yet change the status of the authoriser in any way. The important thing is that the power of attorney exists and is kept in case the holder needs the help of another person to manage his or her affairs.