Duties of the guardian

The guardian must in all actions act solely in the best interest of the client. A guardian may not mix their client’s assets with those of others or borrow money from their client.

A guardian must manage their client’s property and assets so that the assets and their profit are used solely for the good of the client. The guardian must give their client access to an adequate amount of funds for their daily life taking into account their overall assets. Any other assets that are not to be used for the client’s livelihood costs or other needs must be invested in such a way that there is sufficient certainty that it will maintain its value and that a reasonable return is obtained for it.

A guardian must always see to it that the client receives suitable care, treatment and rehabilitation. A guardian will not perform these actions themselves. Instead, the guardian will purchase the needed services from external actors.

Upon request, the guardian must inform the client of their financial situation and of the actions taken by the guardian in the management of the client’s property.

A guardian may not donate their client’s property. Only the client can consider giving a gift and take the initiative to give one. If the client wants to give a gift, which is considered normal in the

circumstances and insignificant in financial value, the guardian can carry out the matter at the request of the client. The client must always understand the meaning of giving a gift and be able to independently make the choice on giving a gift. If the client does not understand the meaning of giving a gift, the guardian cannot give a gift even if it is of little financial value.

A guardian may not disclose information on the client to anyone without the client’s consent. The obligation of secrecy also applies to documents and receipts in the possession of the guardian.

A guardian should always ask their client’s opinion if it is important to do so and the hearing can be arranged with significant difficulty. However, a hearing will not be necessary, if the client is unable to understand the meaning or significance of the action.

In some situations, a guardian may be disqualified to represent their client. Read more When does a guardian need a substitute to act in their place?

A guardian will need a permit from the guardianship authority for actions that are the most important from the perspective of their client. See more information on the web page Actions that require permits.

A guardian has the right to receive a reasonable fee for the management of the client’s affairs and compensation for any expenses resulting from the management of financial affairs. The guardian must always manage their client's affairs in the manner that is most appropriate and affordable. If a guardian has not been appointed to handle their client’s personal affairs, the guardian cannot charge compensation for expenses for the management of this type of affairs (e.g. grocery shopping, doctor’s visits, friendly and recreational visits). Your role as a family member must also always be separate from your role as guardian; you cannot charge a fee for tasks you handle in your role as a family member in your role as guardian.

The guardian may, at any time, step down from their duties as guardian.

A court may exempt a guardian from their assignment, if the guardian proves incapable or unsuitable for the position. In this case, the guardian has usually neglected to submit statements or apply for a permit, or the guardian’s duties have otherwise had serious deficiencies, errors or omissions.

Anyone who observes negligence or other faults in a guardian's actions may lodge a complaint and ask the guardianship authority to investigate the guardian's actions.

The guardian is liable to provide compensation to their client for any damage that they have caused intentionally or through negligence in the performance of their duties.

A claim for damages based on the actions of the guardian will expire three years after the final statement has been given to the person entitled to it.