Duties of the donee
The donee must conscientiously ensure the rights of the donor and promote the donor’s best interests. Before donee makes any decisions concerning the tasks they are charged with, they must ask for their client's opinion, if it is important to do so and the hearing can be arranged without significant difficulty. However, a hearing will not be necessary, if the donor is unable to understand the meaning or significance of the action.
The donee must keep the money and other assets belonging to the donor separate from their own assets.
What kind of affairs does the donee handle?
The affairs that must be managed are usually very ordinary daily matters, such as the payment of bills and managing property. The donee may be required to handle very important matters as well such as the sale of real property, housing shares or vehicles. If the donor has a business, the donee may, if necessary, take measures to organise the business activity. Examples are easy to find and list.
In a continuing power of attorney, the donee is given the right to represent the donor in the management of the donor's affairs. In addition, it may be necessary to provide the donee with more detailed instructions on how these powers should be used. Such instructions are individual, and they bind the donee. It is advisable to draw up the instructions in writing. When drawing up a continuing power of attorney, the donor should think about whether they would like to provide the donee with more detailed instructions on how to manage certain matters that are important to the donor. Such instructions may be related to selling property, its storage, or the use of the assets.
Reporting to the guardianship authority and the supervision of the donee’s actions
In the power of attorney document, the donor can issue more detailed orders on how the activities of the donee will be supervised. In addition, the donee will be obliged to report on their activities to the authorities.
The most important reporting obligations are the preparation of a property inventory and an annual statement.
Property inventory. Within a period of three months of a power of attorney being confirmed, the donee must submit to the Digital and Population Data Services Authority a property inventory on the donor’s property and debts that the power of attorney mandates the donee to manage.
Annual statement. If the power of attorney concerns the representation of the donor in financial matters, the donee is obliged to keep a record of the donor’s assets and debts and the events of the financial year. However, the donee does not need to draw up a separate annual statement on the management of affairs to the authority, unless the donor has entered a requirement for this into the power of attorney
More information on accountability and the supervision of the donee’s activities
Remuneration and expenses
The donor may give instructions for the remunerations and compensation of expenses paid to the donee in the power of attorney or in the instructions. The donor and the donee may also agree on them between themselves. If they have not been determined or agreed on, the donee has the right to be receive compensation for the necessary expenses resulting from carrying out the responsibilities and a reasonable remuneration, the amount of which is affected by the nature and extent of the responsibility. The instructions issued by the Ministry of Justice for the fee paid to a guardian under the Guardianship Services Act cannot be directly applied to the duty of the donee and the remuneration charged by the donee.
The guardianship authority cannot give the donee more detailed or case-specific instructions for the amount of the remuneration. The sum of the remuneration may be assessed by the authority, for example, in connection with an audit of the accounts or when the donee’s activities have been reported to the authority.
The donee’s duty to confidentiality
As a rule, the donee cannot without the donor's consent disclose information they have learned as a result of their duties, which must be kept secret to protect the donor’s financial interests or privacy.
Frequently asked questions about the duties of the donee
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