Alternatives for guardianship

If a person is able to issue a power of attorney and understand its significance, e.g. family members can use a power of attorney to manage matters that the person needs assistance with. For example, a power of attorney can be issued for bank transactions or for transactions with an authority. The power of attorney can be used for a variety of transactions.

Companies and authorities may have their own templates for transactions using power of attorney (e.g. KELA), in which case it is worth contacting the authority in question directly. When issuing power of attorney for bank transactions, you should contact your own bank.

Power of attorney must be provided in writing. In practice, power of attorney will enter into force immediately once it has been drawn up and is valid for the time being, unless the power of attorney specifies otherwise. Another prerequisite for the use of power of attorney is that the party with whom the transaction is to be completed approves the power of attorney. For example, banks may refuse to accept a power of attorney if the functional capacity of the person issuing the power of attorney is impaired. Thus, the validity of the power of attorney will only be assessed when it is used. A normal power of attorney is not verified by an authority. In addition, the use of the power of attorney in services is not supervised by e.g. the guardianship authority. Thus, the supervision of the assignee is left to the assignor.

In Suomi.fi e-Authorizations you can grant a company or a person aged 18 or over the right to act on your behalf should you so wish. A mandate is an electronic power of attorney, the details of which are entered in the authorisation register.

For more information on the matter and the authorities within the scope of e-authorization services, see the Suomi.fi Web service.

The support of a family member, relative or another reliable person in the management of financial affairs may be necessary, for example, when a person’s physical functioning has deteriorated, but they are able to understand the meaning of the matters that need to be managed.’ A relative or friend may assist in the management of matters that the person is unable to manage on their own due to their restrictions. This may be the case, for example, when a person understands the importance of paying invoices and the majority of invoices are automatically paid. A person can sign occasional invoices and put them in a payment service envelope. A relative or friend can then take the payment service envelope to the nearest mailbox.

You should discuss the different ways available for the payment of invoices with your bank. Regular invoices can be placed in the direct payment service if the party that has sent the invoice has this invoicing method in use. If you have access to online banking, an e-invoice is a good option. An e-invoice can be entered into an online bank so that the invoice is automatically charged from the account. A payment order can be submitted to one’s own bank for regularly recurring payments.

Online banking ID codes often also make it possible to pay invoices by calling your bank’s customer service line. The payment of an invoice may also be possible at an R-kiosk, for example, if your bank’s offices are located far away.

It is possible to give a person you trust, access to your bank account, for example when you find use of the account challenging. A mandate is given at your own bank and will require the identification of the assignor. You should ask your own bank for its practices in this matter. It is possible to obtain a card for the party entitled to use the account so they can withdraw money from the assignor's account or to pay for purchases they make on behalf of the assignor.

Continuing power of attorney provides a lighter and more flexible alternative for the management of daily affairs than the appointment of a guardian. By granting

continuing power of attorney, the assignor allows the assignee to represent them in both financial and personal matters, such as health care. The assignor for continuing power of attorney can independently determine whether the assignee must submit a periodic statement to the authority, whereas a person appointed as a guardian must submit a statement yearly. Continuing power of attorney like a will must be drawn up in writing in the presence of two competent witnesses. Continuing power of attorney will enter into force with the confirmation of the guardianship authority.

If it is under consideration whether there is a need for a guardian solely for applying for a pension or similar benefit, it should first be determined whether the application can be completed by a close relative or another person.

For example, the National Pensions Act provides that if an applicant is unable to apply for a benefit or otherwise take care of their own rights concerning a benefit for reasons of illness, old age or other reason, the applicant's immediate relative or another trusted person who has been their principal carer may exercise their right to speak in a matter concerning the applicant's benefit. Similar provisions are also contained in several other acts.

Under the Patient Act, consent to treatment may also be given on behalf of a patient who is unable to do so by a family member, relative or another person close to the patient.

If a social welfare client is unable to participate in the planning of their services or to understand proposed solutions and their impacts, an effort can be made to determine the client’s wishes in cooperation with their family member or other close person in accordance with the Social Welfare Clients Act.

The transfer account is used in municipalities when benefits received by the client are paid to the municipality's body to be used for the costs of the client under the supervision of the social worker. A transfer account can be used if the person has no assets other than their pension income and the payment of rent or other similar housing costs and provision of cash funds are the only financial matters that need to be managed. Persons in need of assistance should ask a social worker in their home municipality about the possibility of a transfer account.

Under the National Pensions Act, a pension or other benefit may be paid to the social welfare body of the recipient's municipality of residence for use in the maintenance of the beneficiary and their family members, if the payment of the benefit to the recipient endangers the livelihood of the beneficiary or their family members. A proposal for the payment of a benefit to a municipality's body may be made by the beneficiary, their spouse or cohabiting partner, other relative or person who is their principal carer, and the relevant municipal body. Similar provisions are also contained in other pension acts.

Under the law, the payment of a pension and other benefits to the municipality as compensation for the client fee for institutional care is also possible. The municipality may charge the person's pensions or other income for the period during which the municipality has provided the person with institutional or family care. Similar provisions are also contained in numerous pension acts. This procedure may apply, for example, when an elderly person is in institutional care and has no other funds than pension income and the payment of their monthly care is the only financial matter that needs to be seen to. In this case, the pension would be paid to the municipality, which will charge a client fee from the sum and deposit the remainder in the client’s account.

A client can receive support for the independent management of their affairs at the care facility. This can happen when a person understands their daily affairs but is unable to physically manage these affairs. In this case, charges for their care and other invoices can be handled as direct debits. In addition, care facility staff can assist the client in withdrawing their cash funds from the bank.