Carrying out the tasks of the attorney
As an attorney, your primary task is to conscientiously safeguard of your granter's rights and manage their affairs for their benefit. Whenever the situation permits, you must ask your granter's opinion when making important decisions. However, this is only required if the granter's opinion can be determined without significant difficulty and the granter understands the significance of the matter. As an attorney, you must keep the granter's money and other assets separate from your own funds.
What are the attorney’s tasks?
The duties of the attorney are indicated in the continuing power of attorney. In addition, the granter may have given you more detailed orders or instructions on how to handle their affairs.
Attorney 's fee and reimbursement of expenses
The granter may include provisions on the attorney's fee and reimbursement of expenses in the power of attorney or in a separate instruction. However, including them is not mandatory – you can agree on them with your granter. Even if the matter has not been separately agreed upon, as the attorney, you are entitled to receive compensation from your granter's funds for expenses incurred in the performance of the task. In addition, you are entitled to a reasonable fee, the amount of which is determined by the nature and scope of the task.
We cannot provide precise instructions on the amount of the fee. Furthermore, the instructions issued by the Ministry of Justice on the guardian's remuneration under the Guardianship Services Act cannot be directly applied to the remuneration of the attorney. The sum of the remuneration may be reviewed by the authority, for example, in connection with an audit of the accounts or when the attorney has been reported to the authority.
The attorney’s duty to confidentiality
As an attorney, you may not, as a rule, disclose any information received in your position that is confidential in order to protect your granter's financial interests or privacy. However, your granter may have granted you the right to deviate from the confidentiality obligation in the power of attorney.
When the authorisation ends
A power of attorney may be terminated for various reasons: Read more about what you must do after the power of attorney has ended, depending on your situation.