Frequently asked questions continuing powers of attorney

Any person who is at least 18 years old and has the capacity to understand the significance of a continuing power of attorney.  

If the granter's health has deteriorated, they can still issue a power of attorney if their understanding of doing so is sufficient. If necessary, you can ask a doctor for a medical statement on the matter.

A power of attorney must be drawn up in writing and include the following:  

• The granter, the attorney, the purpose of the power of attorney and the matters that the attorney may handle. 
• A condition according to which the authorisation will enter into force upon granter’s incapability of managing their affairs because of an illness, loss of mental capacity, declining health or another similar reason. 
• Signature of the granter in the presence of two impartial witnesses. The witnesses must also sign the power of attorney.

We recommend that you ask an expert for help in drawing up a power of attorney, as the document must comply with the legal requirements and formalities. For example, banks, law and law firms and legal aid offices provide advice on how to draw up a power of attorney document.

Read more about drawing up a continuing power of attorney. 

You must appoint an actual attorney, and you can also appoint a replacement attorney and a secondary attorney. There is no limit on the number of attorneys. If more than one attorney has been appointed to the same task, it is advisable to indicate in the power of attorney whether they can represent the granter alone or whether they must act together. 

You can appoint a trusted person as an attorney to whom you want to trust the future management of your affairs. The attorney is often a person from the granter’s close circle. However, they can be any private individual that you trust in particular. You cannot appoint a company, association or public guardian to be the attorney. 

A secondary attorney should be appointed in a continuous power of attorney, in case the actual attorney becomes permanently incapable of acting as an attorney or is not willing to accept the responsibility. Several secondary attorneys can be appointed. In such a case, the order in which the granter would like them to take on the responsibility should be mentioned in the power of attorney. 

It is also good to appoint a replacement attorney in the power of attorney. A replacement attorney is needed when the actual attorney is temporarily incapable of carrying out the responsibility, for example, due to illness. The actual attorney may also be temporarily obstructed from carrying out the responsibility due to being disqualified. Therefore, the replacement attorney appointed in the power of attorney should be a person outside the closest family, who is not disqualified for attending to the matter. A conflict of interests may arise in the division of property or in the division of inheritance or when the granter’s property is sold. 

A replacement attorney may be appointed in the continuing power of attorney in case the actual attorney cannot manage your affairs, for example due to illness or being disqualified. The replacement attorney may only act as a substitute for the actual attorney on a temporary basis. 

A secondary attorney can be appointed in case the person you have appointed as the actual attorney does not accept, waives or is otherwise permanently disqualified from performing the attorney's duties. 

As such, the law does not limit the number of attorneys. If there is more than one attorney and they have the same task, it would be a good idea for the continuing power of attorney to specify whether any of the attorneys can represent the attorney alone or whether the attorneys must act together. It is a good idea to consider this issue from a practical point of view, for example, do the attorneys always need to visit the bank / an authority together or can one of the attorneys act alone.

The witnesses must be adults and understand the importance of being a witness. They must also not be disqualified.  

A witness is disqualified if they are: 

• the granter’s spouse  
• a child or grandchild of the granter or their spouse, or a spouse of said child or grandchild  
• a parent or grandparent of the granter or their spouse, or a spouse of said parent or grandparent  
• the attorney or their spouse 
• a child or grandchild of the attorney or their spouse, or a spouse of said child or grandchild  
• a parent or grandparent of the attorney or their spouse, or a spouse of said parent or grandparent 

Spouses, as mentioned in this list, refer to marriage partners or partners that share an economy and live in marriage-like conditions. Disqualification of relatives also applies to half-relatives (such as half-siblings).  

It is important to ensure the qualification of the witnesses when the power of attorney is being signed. If the witness is disqualified, the Digital and Population Data Services Agency cannot confirm the authorisation.  

There is no one specific model available for a power of attorney. Various templates are available online. However, when drawing up a power of attorney, you should ask an expert for help so that your individual situation is taken into account. 

If the person has been diagnosed with a memory disorder, it is advisable to obtain a medical certificate on whether they is able to understand the significance of a continuing power of attorney despite the diagnosed illness. 

A diagnosis in itself, or when it has been given, are not relevant. The person’s ability to understand is what matters most. 

A person may be eligible to grant a power of attorney even if they have otherwise lost their ability to take care of their affairs. In this case, the power of attorney may exceptionally be confirmed immediately after it has been granted.

For the sake of clarity, it is a good idea prepare two, separate powers of attorney.

A continuing power of attorney cannot be sent to the Digital and Population Data Services Agency for storage or advance review. The attorney applies for the confirmation of a continuing power of attorney and submits the original power of attorney with the application when the granter is no longer able to manage their affairs.

More on confirming an authorisation.

You can submit an application for the validation of the power of attorney once the granter is no longer able to manage their own affairs.

You can use this application form (in Finnish). Include the original power of attorney document and a medical certificate, which concerns the granter’s ability to manage their own affairs, as its attachments. 

You can apply for the confirmation of the continuing power of attorney when  

• the original attorney does not accept the mandate
• the original attorney resigns from the mandate
• the original attorney has become permanently unable to exercise the mandate
• the original attorney has passed away. 

Apply for confirmation using the application form (in Finnish). Attach the original continuing power of attorney document to the application. Also include a medical statement on the granter’s capability of managing the affairs covered by the power of attorney, if the continuing power of attorney has not been confirmed for the original attorney. 

You can apply for the confirmation of the continuing power of attorney in the following situations:  

• The continuing power of attorney has been confirmed for the original or secondary attorney. However, the attorney is disqualified from managing a certain matter. In this case, you can apply for confirmation of a continuing power of attorney to manage this matter if you are not disqualified. Read more on disqualification on our web page. 
• The continuing power of attorney has been confirmed for the original or secondary attorney. However, the attorney is temporarily unable to exercise his or her mandate, for example because of an illness.

Please note that the attorney's disqualification or other obstacle must already be known when you are applying for confirmation of the power of attorney. In other words, you cannot apply for the confirmation in advance. 

Apply for confirmation using the application form (in Finnish). Attach the original power of attorney document to the application. 

The attorney is disqualified when they or a person close to them is an opposing party in a matter. In other words, the attorney cannot sell the granter's residence to someone that is close to them.

The attorney is disqualified from representing the granter if the opposing party in the matter is  

• the attorney personally, or their spouse  
• a child or grandchild of the granter or their spouse, or a spouse of said child or grandchild 
• a parent or grandparent of the granter or their spouse, or a spouse of said parent or grandparent
• a child of the attorney’s parent
• another person the attorney represents. 

If you have been appointed as a replacement attorney in the power of attorney and you are impartial (for example, you are not a member of the family), you can apply for the confirmation of the continuing power of attorney for the matter in which the attorney is disqualified. 

Other temporary impediment to the attorney

You can also apply for the authorisation to be validated if the attorney is temporarily prevented from carrying out their duties due to an illness, for example.

The attorney has the right to obtain a medical certificate on the granter. The physician is therefore obliged to issue a medical certificate to the attorney who has been granted the authorisation to confirm the power of attorney. Be prepared to show the power of attorney to the physician so that they can ensure that you, as the attorney, have the right to obtain a medical certificate on the granter.

If the medical certificate is not attached to the application, we will request it from the attorney separately. This will extend the processing time of the matter.  

In other words, we will not ask the doctor for a medical certificate; it is the duty of the attorney to request it. It is determined on a case-by-case basis whether a new the medical certificate is needed. 

Within a period of three months of an authorisation being confirmed, the attorney must submit to us a property inventory on the granter’s assets and debts that have been assigned to the attorney in the power of attorney. If the granter subsequently receives new property, the inventory on acquired property must be submitted with a month of receiving the property. 

If the granter becomes a member of an estate, the attorney must submit the estate inventory deed to the guardianship authority within a month of the estate inventory being settled. 

Your spouse cannot automatically manage your affairs when you are no longer capable. If you want them to handle your affairs, you must authorise them to do so, for example, with a continuing power of attorney.

When a person is no longer able to manage their own affairs due to illness, ageing, or an accident, someone needs to take care of these matters on their behalf. Guardianship and a continuing power of attorney are two ways to arrange this. They sound similar but differ significantly. 

Continuing power of attorney – a choice made in advance 

• It is made in advance, while the person is still able to make decisions. 
• The person themselves chooses who will handle their affairs and how. 
• The power of attorney only becomes valid when the person can no longer manage their own matters. 
• It is a more flexible and faster arrangement than guardianship ordered by an authority. 
• It does not require annual financial statements or separate permits unless specified in the power of attorney. 
• The attorney can be a close family member – such as a spouse or child – or another trusted person. 

More information about the Continuing power of attorney, i.e. anticipating the need for support
How to draw up a continuing power of attorney
How to apply for confirmation of a continuing power of attorney
 

Guardianship – a solution ordered by an authority 

• Used when a continuing power of attorney has not been made or can no longer be made. 
• You can apply for guardianship for yourself, or you can notify the Digital and Population Data Services Agency of another person’s need for guardianship. 
• The Digital and Population Data Services Agency or a district court appoints the guardian. 
• The guardian may be a close relative or a public guardian (a public official). 
• A guardian’s activities are supervised: annual financial statements are required, and many actions such as selling an apartment require separate permission. 
• Appointing a guardian can be a slower and more burdensome process than confirming a continuing power of attorney. 

More information about guardianship for an adult
How to apply for a guardian for yourself 
How to report a person who may need guardianship 

 

What do guardianship and a continuing power of attorney have in common? 

• In both cases, another person handles matters on someone’s behalf. 
• The types of matters can be similar. They may include financial matters or personal matters, such as care and housing. 
• The aim is to safeguard the person’s welfare and best interests. 

A continuing power of attorney is like an insurance policy – it should be made in time. It allows you to decide in advance who will manage your affairs and how. If no continuing power of attorney exists, an authority may end up making that decision for you. For this reason, the continuing power of attorney is often the easier solution.