Appointing a substitute guardian
A substitute guardian is required if the guardian is disqualified or cannot perform the guardian’s task.
As the guardian of your adult client, you cannot represent the client in matters such as an estate inventory if the counterparty is yourself, your spouse, your child or another client represented by you. As a guardian, you are also disqualified if the counterparty is one of the following:
- your child’s spouse, your spouse’s child, or their spouse
- your or your spouse’s grandchild, sibling, parent or grandparent, or the spouse of one of these
- a child of one of your siblings or a sibling of one of your parents.
Married spouses and cohabiting partners are both considered to be spouses. Half-relatives are considered to be relatives.
The custodians of a child under the age of 18 will also act as the guardians of their child. As the guardian of a minor, you are disqualified from representing your child in a situation in which the counterparty is yourself, your spouse, your child or another client represented by you.
As a guardian, you are also disqualified if your own interests and the interests of your client conflict in some other way.
In addition, you may be prevented from performing your task due to an illness or a long absence.
A private person or a public guardian may act as a substitute guardian. If you propose a private person to be appointed as your substitute, the person in question must consent to the task in writing. In addition, the person must have sufficient skills for representing the client in the matter concerned. The guardianship authority decides whether the person you propose can act as your substitute.
The matter concerning the substitute guardian will be processed in a written procedure. The processing of your application will be faster if you submit all the necessary attachments at the same time with your application. Attach the written consent of the private person proposed as the substitute to the application and, if necessary, documents related to the intended transaction, such as an estate inventory deed in a distribution of inheritance. If necessary, we will ask you to provide supplementing information.
Do the following
- Print and complete the application for appointing a substitute guardian and, if necessary, the consent of the substitute for a private guardian
- The application can also be emailed by using secure mail. Select [email protected] as the recipient in the secure mail.
- Submit the signed and scanned application and its attachments to the Digital and Population Data Services Agency by email or by post or take it personally to your nearest Digital and Population Data Services Agency service location.