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Remember to take real estate property into account when preparing a continuing power of attorney

Publication date 1.10.2024 9.23
Press release

The Digital and Population Data Services Agency’s Omissa käsissä (In My Own Hands) campaign is again reminding people to prepare a continuing power of attorney. Real estate property will be highlighted in particular in October: it would be a good idea to mention real estate separately in a power of attorney to ensure that the sale of a single-family house or summer cottage is smoother. There is also a new digital service for assignees: a property inventory can now be prepared electronically in the Guardianship e-service.

Every adult should have a continuing power of attorney in place in case they are at some point unable to manage their own affairs. Preparing a continuing power of attorney for your own portfolio of documents will make it easier to manage matters in the future, as the document will specify who will manage your affairs and how. 

The In My Own Hands campaign, which began in 2022, has highlighted continuing power of attorney in different media by explaining its role in facilitating life through human-oriented stories. Information on continuing power of attorney has also been disseminated by our partner network consisting of more than 90 organisations. The last part of the Digital and Population Data Services Agency-headed campaign will be visible in October on Yle's TV1, social media and elsewhere online. 

“The number of continuing power of attorney matters at our agency has increased considerably this year. Although the number is expected to increase further, our new digital services will increase the efficiency of our operations and make the duties of assignees easier," says Liinu Lehto, Director of Communications and Marketing at the Digital and Population Data Services Agency. 

"I'd like to extend a heartfelt thank you to our partner network, which has made it possible for us to convey the message about continuing power of attorney in a broad-scoped manner across Finland. Although this campaign is about to culminate, the work to promote continuing power of attorney will continue. Towards the end of the year, we will be commissioning a recognisability survey that will provide us with interesting information on such things as the number of persons who have given a continuing power of attorney and attitudes towards continuing power of attorney," Lehto adds.

 

Real estate transactions will be smoother by adding a reference of real estate properties in a continuing power of attorney

If the transfer of real estate is not mentioned in a continuing power of attorney in the duties of the assignee e.g. summer cottage transactions may be delayed. For this reason, it is a good idea to take this into account when preparing the power of attorney even if the person giving power of attorney does not own any real estate at that time. A real estate matter can also be updated to an existing continuing power of attorney as long as the assignor understands the significance of the matter.

If the transfer of real estate is not mentioned in the power of attorney, the assignor must first be appointed a guardian for the sale. An appointed guardian must still request permission from the Digital and Population Data Services Agency for a real estate transaction. This can take up to several months.

Recommendations for the content of a power of attorney document can be checked with the checklist in the Suomi.fi Guide. In addition to the primary and secondary assignees, it is advisable to appoint a so-called deputy assignee who is not disqualified from managing real estate transactions. This could be a friend or other trusted person.

 

Digitalisation to enface the effective introduction of continuing power of attorney

In October, the Digital and Population Data Services Agency’s new guardianship e-service introduced the possibility of drawing up an electronic property inventory. Compiling a property inventory is the first task of the assignee: the details of the assignor’s property must be collected within three months of start of the assignee’s task. 

Previous investments in digital development have already produced results. The online form and new background technology introduced in the spring significantly enhanced the efficiency of the validation of continuing power of attorney, as the half-hour previously used on such tasks as recording information can now be used to other tasks. The aim is to ensure that as large a share of applications to the Digital and Population Data Services Agency as possible are submitted electronically in the future. Now 40% of the applications arrive at the agency via an online form instead of on paper. 

 

More information:

Liinu Lehto, Communications and Marketing Director, Digital and Population Data Services Agency, tel. 029 5535 385, [email protected].
 

Further reading:


What is a continuing power of attorney?  

  • A continuing power of attorney is a document that is prepared in advance in case you are unable to manage your own affairs at some point due to e.g. a disease or accident. 
     
  • In the continuing power of attorney, the person preparing the authorisation, i.e. the assignor, will specify their assignee, the person they have authorised, and the matters that they may handle. These may include matters related to property or health. The person giving continuing power of attorney will keep the document themselves or hand it over to the assignee 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.
     
  • A continuing power of attorney differs from guardianship which is appointed by the Digital and Population Data Services Agency or a district court. A continuing power of attorney is smoother and more flexible, whereas a guardian's activities are more supervised.
     
  • Read more about preparing a continuing power of attorney in the Suomi.fi Guide Guardianship and continuing power of attorney. For example, banks, attorneys, law firms and legal aid offices can provide advice on how to draw up a power of attorney document.


Omissa käsissä

The aim of the Omissa käsissä (In My Own Hands) campaign is to raise awareness on continuing power of attorney and encourage each adult to make a continuing power of attorney. A continuing power of attorney can be used to authorise a person of your choice to take care of your affairs when you are no longer able to do so. The campaign will end at the end of 2024.