Expiration of continuing power of attorney

A continuing power of attorney is made for the future, well before the person’s functional capacity starts to deteriorate. The power of attorney will enter into force after the guardianship authority has confirmed it. There may be a very long period of time between when the power of attorney is drawn up and it enters into force. The content of the power of attorney can be changed before it enters into force. However, changes to the power of attorney must always be made in writing and in a specified form.  

The assignor is also free to withdraw the power of attorney before it enters into force. The promise to not cancel the power of attorney is not binding under the law. The precondition for cancelling is the donor’s ability to understand what the cancellation means. A continuing power of attorney is usually cancelled before it enters into force, by taking the power of attorney back from the donee and destroying it, for example by tearing it. The donee must return the original document to the donor if the donor informs them that the power of attorney has been cancelled.

A power of attorney can also be cancelled by granting a new power of attorney. The previous power of attorney shall be deemed to have been withdrawn insofar as the new authorisation contains provisions that contradict it. A new power of attorney can, if necessary, specifically state that the new power of attorney will revoke the previous power of attorney.

A power of attorney will enter into force after the guardianship authority has entered a decision that validates it. If the donor cancels the power of attorney after it enters into force, the cancellation will take effect once it has been confirmed by the guardianship authority. This is to avoid situations where the donor, after having become ill or otherwise lost his or her functional capacity cancels a power of attorney arrangement that the donor has planned and implemented when they were healthy and had sound discretion.

The donor can apply for the guardianship authority to confirm the cancellation of a power of attorney that has entered into force. The only precondition for confirmation is the donor’s ability to understand what the cancellation means. The guardianship authority may request a medical certificate or other similar account from the donor on the donor’s capacity to understand the situation. It is not necessary for the donor to provide grounds for why the donee is unable or unsuitable for the task. The guardianship authority will always consult the donee as a result of the application.

In urgent cases, the guardianship authority may temporarily confirm the cancellation of a power of attorney. A matter can be considered urgent, for example, when the donor presents reasonable grounds to suspect that the donee has been guilty of abuses in the performance of his or her duties, and there is a risk that the abuses will continue. The temporary order from the guardianship authority is valid until the matter has been resolved.

Power of attorney will cease to be valid once the guardianship authority has confirmed its cancellation. After the power of attorney ceases to be valid, the donor must immediately surrender the power of attorney document and the property in his or her possession to donor. If the power of attorney has been entered in the Register of Guardianship Affairs, the guardianship authority makes an entry on the confirmation of its withdrawal in the register.

The power of attorney will expire when the donor dies. After the power of attorney expires, the donor must immediately surrender the power of attorney document and the property in his or her possession to the stakeholders in the estate.

If the donee appointed in the power of attorney dies, and the power of attorney has not yet been confirmed, you can, if you so decide, grant a new power of attorney to another person. However, if the power of attorney document specifies a secondary donee, the secondary donee can request the confirmation of the power of attorney when it becomes relevant.

If the power of attorney has already entered into force, and the donee dies, some of their duties will be transferred to the party responsible for the administration of their estate. The administration of the estate is usually the responsibility of the stakeholders of the estate. The stakeholders must manage the donor’s property for as long as it is in the possession of the estate. It is the duty of the guardianship authority to determine how the affairs of the donor will be managed with after the death of the donee. For this reason, one of the stakeholders in the estate should notify the guardianship authority of the donee’s death as quickly as possible. If the power of attorney document specifies a secondary donee, the secondary donee can request that their power of attorney is confirmed. It is also possible that it will be necessary to appoint a guardian for the donor.

Unless otherwise provided in the power of attorney on the submission of a final statement, the estate is obliged to immediately issue a final statement to a person entitled to it, who is either a secondary donee or a guardian. The accounting period of the final statement begins when the power of attorney was confirmed for the deceased donee and ends on the date of the donee’s death, unless otherwise provided in the power of attorney on the submission of a final statement.

Power of attorney ceases to be valid when the donee has notified that they are resigning from their position. The donee must usually notify the guardianship authority of their decision to step down from the position in writing, but the notification can also be given orally with the permission of the guardianship authority.

No decision is made the power of attorney ceasing to be valid. The power of attorney will cease to be valid on the date the guardianship authority receives the notification of stepping down from the position of donee, unless the donee states that they will continue to carry out their duties until the management of affairs has been arranged in an appropriate manner. In any case, the donee has the right to handle actions that are necessary to prevent damage to the donor.

After receiving the notification, the guardianship authority will investigate how the assignor's matters will be handled after the donee has stepped down from their position. If the power of attorney document specifies a secondary donee, the secondary donee can request that their power of attorney is confirmed. It is also possible that it will be necessary to appoint a guardian for the donor.

After the power of attorney ceases to be valid, the donor must immediately surrender the power of attorney document and the property in his or her possession to donor, the new donee or the guardian as appropriate.

The power of attorney will expire when a guardian for the donee. However, the power of attorney will only cease to be valid for the tasks which the guardian has been ordered to take care of on behalf of the donee. For this reason, the donee’s task may be terminated either in full or in part. The donee’s task ends on the date when guardianship begins.