End of the continuing power of attorney
Below is a list of different situations in which a power of attorney ends. You can read more detailed instructions on what to do in this situation.
In some situations, the attorney must provide a final statement to a specific recipient. However, the attorney will never need to submit one to the Digital and Population Data Services Agency.
Situations in which a power of attorney ceases to be valid
The authorisation will take effect once we have confirmed it. Before that, the granter can:
- changes the content of the authorisation. In such a case, it is advisable to make a new power of attorney to avoid any ambiguities. a new power of attorney can also be used to fully cancel a previous authorisation. Read more about preparing a power of attorney.
- cancel the authorisation entirely. A continuing power of attorney is usually cancelled by taking the power of attorney back from the attorney and disposing of it, for example by tearing the document. The attorney must return the original power of attorney document to the granter if the granter informs them that the authorisation has been cancelled.
The authorisation will take effect once we have confirmed it. If the granter wishes to cancel the authorisation after this, they must apply for confirmation of the cancellation in writing from us. This is to avoid situations where the attorney, after having become ill, cancels an authorisation arrangement that the granter has planned and implemented when they were healthy and had sound discretion.
Cancelling a power requires that the granter understands the significance of the cancellation. We may request a medical certificate or other similar account from the attorney on their capacity to understand the situation. The granter does not need to justify their cancellation of an authorisation. We will contact the attorney when we process the cancellation application.
In an urgent matter, we can confirm a temporary withdrawal of the authorisation. A matter is considered urgent, for example, when the granter can show that the attorney has been guilty of abuses in the performance of his or her duties, and there is a risk that the abuses will continue. Temporary withdrawal of the power is valid until we have fully processed your matter.
A power of attorney will expire once the we have confirmed its cancellation. After this, the attorney must relinquish the power of attorney and the property in their care to the granter without delay. In addition, the attorney must give us a final account. The granter has the right to request to see the bank statements, receipts and other documents related to the performance of the attorney’s duties. However, a final account does not need to be submitted if the power of attorney states that it is not required. A final account is never submitted to us.
The power of attorney will expire when the granter dies. After this the attorney must immediately hand over the power of attorney document and the assets under their care to the members of the granter’s estate.
In addition, the attorney must give the final account to the members of the estate. They have the right to request to see the bank statements, receipts and other documents related to the performance of the attorney’s duties. However, a final account does not need to be submitted if the power of attorney states that it is not required. A final account is never submitted to us.
It is possible that attorney appointed in the power of attorney passes away before the power of attorney has been confirmed. In this case, the secondary attorney eventually be able to apply for the confirmation of their authorisation. Is a secondary attorney is not specified in the power of attorney, the granter can draft a new power of attorney and grant the continuing power of attorney to someone else.
If the attorney away after the power of attorney has been confirmed, we will determine how the granter’s matters will be handled. If the power of attorney document specifies a secondary attorney, they can request to have their authorisation to be confirmed. If a secondary attorney is not specified, it is possible to assign a guardian to the granter.
The power of attorney expires, when the attorney has notified us in writing (in Finnish) that they are resigning from their position. We do not make a decision on the matter. Instead, the authorisation will expire on the day that the cancellation notification is received. However, the attorney may declare that they will retain their position until the handling of the granter’s matters has been appropriately rearranged. In any case, the attorney has the right to handle actions that are necessary to prevent damage to the granter.
Once we have received the attorney’s notification of resignation, we will investigate how the granter’s matters will be handled after the fact. If the power of attorney document specifies a secondary attorney, the secondary attorney can request that their authorisation is confirmed. If a secondary attorney is not specified, it is possible to assign a guardian to the granter.
When the power has expired, the attorney must immediately relinquish the power of attorney document, the assets under their care and, depending on the situation, the final account, to the granter, the new attorney or the guardian. The recipient of the final account has the right to request to see the bank statements, receipts and other documents related to the performance of the attorney's duties. However, a final account does not need to be submitted if the power of attorney states that it is not required. A final account is never submitted to us.
The power of attorney will expire, if a guardian is assigned to the granter. However, the power of attorney will only expire for the tasks that the guardian has been ordered to handle on behalf of the attorney. For this reason, the attorney’s task may be terminated either in full or in part.
After the power of attorney has expired, the attorney must immediately relinquish the power of attorney and the property in their care to the guardian. In addition, the attorney must give the final account to the guardian. The guardian has the right to request to see the bank statements, receipts and other documents related to the performance of the attorney’s duties. However, a final account does not need to be submitted if the power of attorney states that it is not required. A final account is never submitted to us.
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