Continuing power of attorney, i.e. anticipating the need for support

In a continuing power of attorney, you appoint a trusted person to manage their affairs. You can prepare a power of attorney in anticipation of no longer able to decide on or manage your affairs.

We recommend asking an expert, such as a legal aid office, a legal aid office, a law firm or a bank's notarial services, to help with drawing up the power of attorney.

Do not submit the power of attorney to us for approval or storage. The attorney will only deliver the power of attorney to us if you are no longer able to manage your affairs.

How to draw up a continuing power of attorney

Make sure that the power of attorney is available to the attorney if becomes necessary to validate it. For example, you can give the power of attorney to the attorney to keep. The power of attorney can also be stored in a bank's safety deposit box. In that case, it is important to ensure that the attorney has access to it.

Do not submit a power of attorney to us to store. The attorney should only deliver it to us if you are no longer able to manage your own affairs.

Attorney 

Only seek confirmation of the authorisation when the granter is no longer able to manage the matters that the authorisation concerns. 

You must obtain a medical certificate stating that your granter is no longer able to handle their affairs. Be prepared to show the power of attorney to the physician so that they can ensure that you, as the attorney, have the right to obtain a medical certificate on the granter.

In addition, you must complete the application to confirm a continuing power of attorney (in Finnish).

Mail the following documents to the following address Digital and Population Data Services Agency / Guardianship Services, PO Box 1004, FI-00531 Helsinki or bring them to one of our service points:

• the application for the confirmation of power of attorney (in Finnish)
• a medical report
• the original, power of attorney on paper (a copy of the power of attorney or a scan of the power of attorney sent by email is invalid)
• a statement by the granter (in Finnish), if they understand the significance of the authorisation
• a statement by the granter's spouse (in Finnish) if the granter is married.

You do not have to request a statement from the granter or their spouse, but submitting them with the other documents speeds up the processing of your case. We will request any missing statements from the individuals themselves in the course of the proceedings. 

Secondary attorney

You can only apply for the confirmation of the authorisation if the primary attorney does not accept the position or steps down from it. Follow the instructions above.

Replacement attorney

You can apply to confirm the authorisation if the attorney is temporarily prevented from performing their duties and the reason for the obstacle is already known. First, make sure that you are not disqualified from performing the task. Follow the instructions above, but note that in principle you do not need to submit a medical certificate.

More frequently asked questions on confirming an authorisation.

As a rule, we process applications in the order of arrival and request further clarifications when necessary. Finally, we will review the possible obstacles to confirming the authorisation and make a decision on the matter.

Our decision will be sent to you by post or email, if you have consented to the decision being sent electronically in the application. In addition, we will return the original continuing power of attorney to you. We will also send the decision to the granter, if they can understand the significance.

Submit a property inventory of the granter's assets and liabilities within three months of confirming the authorisation. Also report any assets subsequently received by the granter. Such a report must be submitted within one month of receiving the asset. If the granter becomes a shareholder in an estate, submit the estate inventory deed within one month of the estate inventory being completed. 

Considerations for acting as a attorney: 

• When you represent the granter in financial matters, you must keep a record of the granter's assets, liabilities and transactions during the financial year. However, you do not need to make an annual report to us, unless that is specifically required in the continuing power of attorney. 
• If you represent the granter in non-financial matters, you must keep a record of the actions you have taken on behalf of the granter.
• As the attorney, you may only act and represent the granter in matters specified in the power of attorney.
• You are obligated to keep the details of the granter that you receive as the attorney secret, unless otherwise specified in the power of attorney.

Carrying out the tasks of the attorney

A power of attorney may be terminated for following reasons: 

• The granter cancels the authorisation before it takes effect
• The granter cancels the authorisation after it has already taken effect
• The granter passes away
• The attorney passes away
• The attorney informs us that they resign
• A guardian has been appointed to the granter.

Read more about what to do in each of these situations on our website.