Continuing power of attorney strengthened more than ever

#edunvalvontavaltuutus #omissakäsissä

Last year, for the first time more continuing powers of attorney were strengthened than traditional ones were issued. This is apparent from the number of continuing powers of attorney approved by the Digital and Population Data Services Agency. The Agency recommends that each adult prepare a continuing power of attorney. Former professional boxer Elina Gustafsson is involved in the social campaign Omissa käsissä (“In My Hands”), the aim of which is to increase awareness of the continuing power of attorney in Finland.

The ageing of the population will significantly increase the need to act on behalf of another party in the coming years. It is expected that in 2030, more than 100,000 Finns will have a valid power of attorney or continuing power of attorney.

The popularity of the continuing power of attorney has increased in recent years. In 2022, the number of continuing power of attorneys validated by the Digital and Population Data Services Agency (DVV) was for the first time higher (51%) than the number of powers of attorney issued. The share of continuing power of attorneys is predicted to increase even more. According to Statistics Finland, Finland is expected to have more than 40,000 valid continuing powers of attorney in 2030, compared to approximately 18,000 at present.

Power of attorney is often discussed for older people and people with memory disorders, but everyday life is unpredictable – an illness or an accident can surprise anyone. The Digital and Population Data Services Agency recommends that every adult prepare a continuing power of attorney for their future.

"The awareness of the continuing power of attorney has increased and the number of applications for confirming it is increasing rapidly. A continuing power of attorney is in many ways a smoother process than traditional guardianship for the granter and their trusted person, i.e. the attorney. It is not necessary to report it annually to the authorities," says Suvi Malinen, Chief Specialist at the Digital and Population Data Services Agency. 

A continuing power of attorney is useful for life

A continuing power of attorney is a power of attorney that allows you to authorise a trustee, i.e. an attorney, to manage e.g. your financial and health-related matters when you are no longer able to manage them yourself. The continuing power of attorney is prepared in advance, meaning that it is ready for a bad day, for example in the event of a long hospitalisation, illness or accident.

Unlike many people think, it is not possible to manage even your spouse's affairs without a proper mandate. If, for example, you are hospitalised because of an accident, your spouse cannot pay your bills from your bank account or apply for insurance compensation on your behalf unless you have granted them the right to do so.

A continuing power of attorney ensures that important matters are handled even when you are unable to make decisions yourself. Clear instructions also make it easier for loved ones when they know how the granter wants their case to be handled.

Tips for drawing up a continuing power of attorney can be found, for example, in the Suomi.fi guide. It is also a good idea to seek help from experts, such as a legal aid office or the bank's notarial services. This makes it easy to ensure that the power of attorney has been drawn up correctly and that all necessary matters have been taken into account.
 

It is never too early to prepare for the future

For a couple of years now, the Digital and Population Data Services Agency has been campaigning to increase awareness of the continuing power of attorney. More than 90 partners from ministries to law firms and local associations across Finland are already involved in the Omissa käsissä campaign. Many of them provide services for drawing up a power of attorney.

This year, the campaign encourages citizens to draw up a power of attorney in good time as life can surprise even an active young adult. The campaign is visible on the Yle TV1 channel, for example.

The campaign also involves the entrepreneur and former professional boxer Elina Gustafsson, who has plenty of danger and dread in her life. A climbing accident in the Himalayas prompted her to consider what would happen if she lost her functional capacity.

"A continuing power of attorney felt like a distant thing before that. The trip made me wonder what could happen to an adventurer like me who is always on the move. A power of attorney prepared in advance makes it easier for my loved ones to manage my affairs if I can’t," says Elina Gustafsson.

Gustafsson is visibly advocating for the campaign during October, for example in an article written about her and on social media. She will draw up a continuing power of attorney together with the Digital and Population Data Services Agency expert Sanna Sotaniemi on Wednesday 25 October at 6 p.m. The live broadcast can be watched on Instagram on the @dvvfi and @ellugee accounts.
 

What is a continuing power of attorney? 

• A continuing power of attorney is a power of attorney that is made in advance in case you are unable to manage your affairs at some point. Everybody should prepare one.
• The person preparing the authorisation, i.e. the granter, determines in the continuing power of attorney their trustee, i.e. the attorney, and the matters that they may handle. For example, matters may be related to finances or health. The granter keeps the continuing power of attorney and/or hands it over to the attorney for safekeeping.
• The attorney only seeks to confirm the continuing power of attorney from the Digital and Population Data Services Agency when the granter's functional capacity has deteriorated. After this, the attorney may manage the matters within the scope of the continuing power of attorney. 
• The continuing power of attorney is different from having a guardian appointed by the District Court. The continuing power of attorney is smoother and more flexible, while the guardian's activities are more supervised.
• You can find information on how to draw up a continuing power of attorney in the Suomi.fi guide. You can also get help from legal aid offices or experts at the bank. 

The continuing power of attorney is for life

In 2022, the Digital and Population Data Services Agency confirmed:

• more continuing powers of attorney (51%) than it issued guardianship decisions for the first time.
• 7,281 continuing powers of attorney, or 28% more than before the start of the campaign in 2021. It is not possible to determine the total number of powers of attorneys drawn up, as the granter keeps the document, and the Digital and Population Data Services Agency is only informed of the continuing power of attorney when it is confirmed.

The Digital and Population Data Services Agency promotes the continuing power of attorney through the Omissa käsissä campaign. It encourages all Finns to draw up a continuing power of attorney. The campaign, which began in spring 2022, has reached more than five million Finns on different channels. More than 90 organisations are involved. The main support providers in 2023 are the Ministry of Justice, the Ministry of Social Affairs and Health, the Ministry of Finance, the Social Insurance Institution of Finland (Kela), the financial sector, FINE, HOK-Elannon Lakipalvelu, OP Group and POP Bank. The campaign will continue for the next year. You can still join the campaign at omissakasissa.fi.