Actions that require the permission of the guardianship authority

Our agency’s tasks include the supervision of a guardian’s activities. As part of our application supervision, we will check whether the intended action will benefit the client and ensure that it will not result in economic hardship for the client. The performed action will not obligate the client before a permit decision is in force.

You will need a permit for example to carry out the following actions which are significant with regard to your client. These include, for example, the purchase or sale of a dwelling or real property, the distribution of inheritance and taking out a loan. Section 34 of the Guardianship Services Act lists all the actions that require the permission of the guardianship authority. For example, you may sell your client's car or other movable property, such as furniture, without permission. However, take into consideration that you may be disqualified in performing this action as guardian even if you do not need a permit. In this case, you will need a substitute guardian to act in your place.

It is recommended that permits be applied for in advance, but you can also submit an application for an action that has already been implemented. However, the implemented action will not obligate the client before a permit has been issued. As guardian, you are liable for any damages your client experiences.

In order for us to process your application, we will need a draft of the document on the action for the implementation of which you are applying for a permit. For example, if you are applying for a permit to sell a dwelling, you must attach a draft of the deed to the application.

You are disqualified from selling your client’s property, if you or your close relative is the party purchasing the property. In this case, you will need a substitute guardian to act in your place.

The client’s opinion is determined in connection with the permit application, when an adult client understands the significance and meaning of the matter or the client is a minor who is 15 years old or older. The client can present their opinion into the section reserved for this on the permit application or in free form. Where necessary, we will ask the client to provide more information on the matter. 

You will need a draft of your plan for the intended action. Other necessary attachments will be determined on the basis of what the intended action is. For example, in the case of selling a dwelling or real property, you will also need an appraisal of the property’s sales price, and. in matters related to loans, you will need the loan documents and a calculation of ability to pay from your bank.

As a rule, the sales price is the fair value of the dwelling or real property. An assessment on the value of the sold or purchased property must be attached to the application. This assessment includes, for example, the appraised value given by a real property agent.

No, as a guardian, you may not donate your client’s property. The prohibition on donations is unconditional and applies to gifts of all values. The client can themselves give a gift, if they understand the meaning of the donation and show initiative in giving it.

If the continuing power of attorney has been confirmed with regard to the management of financial and property-related affairs, you can sell the donor’s movable property without a permit. An apartment is movable property. You may only sell the donor’s real property under continuing power of attorney, if the power of attorney separately specifies that it also covers actions related to real property or immovable property.

If you lease your client’s dwelling for a period longer that five years with a fixed-term lease, you will need a permit to do so. No permit is needed for leases that are valid for the time being. Because you are leasing the dwelling to your own child, you are disqualified from acting as guardian to your client in this matter. You must apply for a substitute guardian to act in your place, who will sign the lease on behalf of your client. In addition, the rent paid must be consistent with fair market value even when the tenant is a relative.

As their guardian, you cannot borrow your client’s money yourself, because as a party to the loan you will be disqualified. In this case you will have to apply for a substitute guardian to act in your place. In addition, you will need a permit from the guardianship authority to borrow money. The condition for granting the permit is generally that a security approved by financial institutions is set for the debt and a payment plan is drawn up for the repayment of the debt.

You will not need a permit for the acquisition of the most conventional investment items.  You will not need a permit to invest your client’s assets for example in listed stock or shares of UCITS funds in Finland or the ETA, unless the fund in question is a specialised investment fund (non-UCITS). Turn first and foremost to your bank for assistance, if you want to know whether an investment item will require a permit it not.

A child under the age of 18 is receiving an inheritance, Why do I and my partner as the guardians of our child need to apply for a permit to distribute an inheritance?

A guardian cannot relinquish right of possession on behalf of their client free of charge. A monetary value must be calculated for the right of possession, which the widow(er) will receive as compensation for relinquishing right of possession. You can use the tax administration’s calculation formula in your calculations. You need not apply for a permit for relinquishing right of possession.

As a rule, cases are processed in their order of arrival. In individual cases, the processing time may be shorter or longer than expected depending on the number of matters and the complexity of the matter. The processing time will be longer, if we have to wait for more reports related to the case from the applicant or a third party.

A decision by the guardianship authority can be appealed to an administrative court. For more detailed instructions and the contact information for the competent administrative court, please see the appeal document attached to the decision.