Guardian needs a permission
As a guardian, you will need a permission to act on your client's behalf to carry out actions that are significant with regard to them. These matters are listed below.
Please apply for permission in advance. You can submit the application when you already know the details of the planned action and are able to attach a draft document for the action to your application.
However, before applying for a permit, make sure that you can represent your client in the intended action, i.e., you are not disqualified.
Do as follows
1. Check whether you need a permit for the planned action.
The list below shows which actions require a permission and in which situations.
You will need a permit when you intend to sell or buy some of the following owned by your client alone or in part or as a stakeholder in an estate:
- shares in a housing company
- right-of-occupancy housing
- holiday shares.
Buying or selling garage shares or a parking space does not usually require a permit. However, you will need a permit if the share involves personal liability for the company's debts.
Required attachments:
- permit application
- deed of sale or draft of deed of sale
- a current assessment of value or another reliable report or assessment on the value of the property
- a building manager certificate
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Also note:
- When purchasing shares, attach a report on how funding will be arranged.
- If a party to the transaction is an estate, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration.
- If the transaction concerns right-of-occupancy housing, attach the right-of-occupancy agreement, the transfer price calculation and the waiver notification.
You will need a permit when
- you are selling or buying real property owned by your client alone or in part or as a stakeholder in an estate
- the transaction concerns an unseparated parcel or part of the property
- the transaction concerns the leasing or other right of use with its buildings. For example, you will need a permit for the sale of a single-family house located on a rental plot.
Required attachments:
- permit application
- deed, a draft of deed or a preliminary agreement
- a current assessment of value or another reliable report or assessment on the value of the property
- an expert assessment on the value of the forest
- an appraisal on the value of the farmland by the local Agricultural Administration Office or another expert
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Also note:
- In the case of the transfer or acquisition of a land lease or equivalent right of use, please attach a land lease agreement.
- If, when you are acquiring real property, the seller's right of ownership is not listed in the title deed, attach an additional explanation of the property’s ownership
- If a party to the transaction is an estate, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration.
- When purchasing real property, attach a statement on how the funding for the purchase will be arranged.
When your client is a stakeholder in an estate and the property of the estate is to be divided to heirs in the division of inheritance, you will need a permit for the division of inheritance. The partial division of inheritance or simply the division of the estate’s funds, among others, will require a permit.
When a widow(er) is a stakeholder in an estate, a partition or separation of property must be carried out in connection with the division of inheritance. At this time, you can submit one permit application for both the partition or separation of property and the division of inheritance.
However, you do not need our permission, for example,
- when the District Court has appointed an estate distributor to the estate, tasked with managing the matters related to the distribution of inheritance
- for actions related to the settlement of the estate, such as paying invoices or closing extra accounts.
Required attachments:
- permit application
- a partition or separation of property and/or a division of inheritance agreement or its draft
- a copy of an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- a copy of a potential will, including its service of notice and certificate of validity
- a copy of any prenuptial agreement and its registration certificate
- a statement on the fair value of the property (an expert's statement/other reliable statement)
- information on the ownership of the property to be divided
- a statement on the status of the estate if changes have taken place in the estate's assets or debts after the estate inventory, including copies of deeds of sale and sales vouchers, account statements as necessary, etc.
- if the marriage did not end in the death of a spouse, a report detailing all assets and debts at the date when the divorce was applied for
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Lending
You will need a permit when lending money on behalf of your client.
Only the actual lending of funds is subject to a permit. You do not need a permit, for example, for a term to a transaction on movable property where you give a buyer payment time under normal terms and conditions.
Please note that the debt must be subject to a guarantee approved by financial institutions.
Required attachments:
- permit application
- credit instrument or its draft, which lists the parties to the loan, its amount and interest rate, repayment plan, other terms and conditions, and collateral
- information on the debtor's financial situation and their ability to repay their loan (income, expenditure, other liabilities and other factors affecting their ability to pay)
- information on the fair value of the pledge, copies of the share certificates or mortgages to be pledged, information on other assets to be pledged and a copy of the commitment to a pledge.
- a building manager certificate for an apartment
- written consent by a debtor for a credit review
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Borrowing
You will need a permit when you intend to
- take out a loan on behalf of your client. Your client must be the debtor in the loan.
- change the terms and conditions of a loan or merge loans.
- guarantee the debt of another person on behalf of your client. This applies to guarantees as for one's own debt, secondary guarantees and collateral securities.
Required attachments:
- permit application
- a loan decision, a draft of the credit instrument or other certificate from the creditor on the terms and conditions of the loan
- in the case of arranging loans, an explanation of the extent to which the former liabilities remain in effect
- a report on your client’s ability to service their debt
- if you guarantee the debt of another person on behalf of your client, attach a loan decision concerning the guarantee, a guarantee commitment, an account of the borrower's ability to cope with the debt and an account of the client's ability to cope with the guarantee liability
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Pledging of property
You will need a permit when you intend to
- pledge the property of your client to secure a loan
- transfer the property of your client as a pledge
- set up another lien
- change the terms and conditions of your client's loan to the detriment of your client.
- pledge both movable and immovable property.
We do not grant permits for a general pledge.
If the surrender of a pledge is connected to taking out a loan, you will need a separate permit for this. If the permission is granted for the pledge only, it does not allow you to take out a loan on behalf of your client in addition to the pledge.
Also note the possible need for a substitute guardian if you intend to, for example, pledge property owned by your client to secure your own loan.
Required attachments:
- permit application
- special pledge commitment, a draft agreement or other information on the terms and conditions of the pledge
- a loan decision, a draft of the credit instrument or other certificate from the creditor on the terms and conditions of the loan
- information on any other securities
- the borrower's report on their ability to service their debt.
- the borrower’s certificate of wages
- a list of the pledged property, its value and the client’s right of ownership
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Also note:
- If you intend to arrange loans and guarantees, attach information on the extent to which the former liabilities remain in effect.
- If an estate to which the client is a stakeholder is the pledger, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration.
As guardian, you can apply for our confirmation for a property management plan on your own initiative, or as a guardianship authority, we can oblige you to have a property management plan prepared and confirmed as a guideline for the use and management of property, if deemed necessary considering the nature and amount of the property and other factors.
Required attachments:
- a management plan, which includes information on your client’s wealth, changes to this and a plan for the use and management of property
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
If your client owns forest property, you can apply for our confirmation for a property management plan including a forest management plan. After this, if you sell forest/trees or have them felled for sale in accordance with the property management plan we have confirmed, you do not need to apply for a separate permit for the sale of timber.
We can also confirm the property management plan to include the sale of land materials (rock, gravel, sand, clay, peat, earth or soil) or the assignment of the right for their extraction.
Required attachments:
- when the property management plan concerns the sale of forest, attach a forest plan drawn up by a local forest management association or a similar expert, describing the felling and management measures of the forest for the following 10 years
- when the property management plan concerns the extraction of land materials, attach a plan prepared by an expert that includes the soil extraction plan and its price estimate for the following 10 years.
- if the property concerned is owned by an estate, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Sale of forest
You will need a permit if
- you intend to sell forest or trees without a property management plan confirmed by us
- you intend to enter into an agreement by which you assign the right to fell forest.
Sale of land materials
You also need a permit if
- you intend to sell land materials without a property management plan confirmed by us
- you intend to enter into an agreement by which you assign the right to extract land materials.
Land materials refer to rock, gravel, sand, clay, peat, earth and soil.
Required attachments:
- contract document or its draft
- if the property concerned is owned by an estate, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration
- when you are selling forest, attach an expert's assessment on the sales price or the tenders received
- when you are selling land materials, attach an expert's assessment on the sales price
- if the owners have assigned forest sales to a forest management association or other agent, attach the assignment agreement and a summary of the volume and price estimate of the timber trade to the application
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Leasing
You will need a permit when you intend to
- rent out immovable property owned by your client (including, e.g., a farmland lease agreement)
- transfer a land lease or other right of use to another party
- rent out an apartment owned by your client (including a right-of-occupancy dwelling)
under a fixed-term contract for a period longer than five years or longer than one year after your client reaches age of majority.
You do not need to apply for a permit for leases that are valid until further notice.
Note, however, that you will need a permit for leases that are valid until further notice if the period of notice is so long that the agreement is comparable to a fixed-term contract that is valid for more than five years.
Required attachments:
- permit application
- lease or its draft
- when transferring a land lease or other right of use on behalf of your client, attach the original lease agreement
- when renting an apartment, attach a building manager certificate
- an expert’s assessment or other reliable report on the adequacy of the rent.
- if the property concerned is owned by an estate, attach copies of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration.
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Investing
Seek assistance, for example, from your bank to find out whether an investment item requires a permit or not.
As a rule of thumb, you do not need a permit to invest your client's property in the most common investment items, such as listed stock or shares in Finland or the ETA (including First North lists) or shares in mutual funds. These funds can be identified by the acronym UCITS, which is often shown in the prospectuses of investment fund items. UCITS funds are investment funds governed by the rules laid down by law on how the risks arising from investment activities must be diversified. These are funds operated under the EU UCITS Directive.
However, you will need a permit, for example, when you intend to invest your client's property in special investment funds. These can be identified by the acronym non-UCITS.
Required attachments:
- permit application
- if you intend to invest
- in shares or subscription rights, attach the company's Articles of Association and the most recent financial statements
- in shares in a cooperative, attach the rules of the cooperative and its most recent financial statements
- in bonds, attach the terms and conditions of the loan
- in fund shares, attach the investment fund rules
- in options and forwards, attach, on a case-by-case basis, sufficient account of the terms of the derivative contract and the financial position of the party selling the option
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Renunciation of inheritance or surrender of one’s share of an inheritance
You will need a permit when you intend to renounce an inheritance or property obtained by a will on behalf of your client.
The uncompensated renunciation of an inheritance is generally only possible in the case of over-indebted estates or if the client has received their share of the inheritance in advance. The same provisions apply to the parents of a minor who act as the child’s guardian.
You will also need a permit for the renunciation of a share of an inheritance.
Because in your role as a guardian you may not gift your client’s property, the renunciation of inheritance is only possible, if your client receives a compensation for it consistent with its fair value. The renunciation of one's share of an inheritance can be done when there is no desire to divide the estate, but your client must receive their share of the estate.
Required attachments:
- a notice of renunciation or an agreement of surrender or its draft
- a copy of an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- a copy of a potential will, including its service of notice and certificate of validity
- a copy of any prenuptial agreement and its registration certificate
- a statement on the fair value of the property (an expert's assessment/other reliable statement)
- a statement on the status of the estate if changes have taken place in the estate's assets or debts after the estate inventory, including copies of deeds of sale and sales vouchers, account statements as necessary, etc.
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Joint administration of an estate
The stakeholders to an estate may conclude an agreement according to which, due to common interest, the estate will remain undivided indefinitely or for a fixed period.
You will need a permit if you are about to conclude an agreement on behalf of your client on such joint administration of an estate. An estate’s joint administration agreement can specify, for example, who will use the estate’s property, what type of compensation will be performed on its use and how the estate’s profit will be divided.
Required attachments:
- an agreement on joint administration or its draft
- a copy of an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- a copy of a potential will, including its service of notice and certificate of validity
- a copy of any prenuptial agreement and its registration certificate
- a statement on the status of the estate if changes have taken place in the estate's assets or debts after the estate inventory, including copies of deeds of sale and sales vouchers, account statements as necessary, etc.
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Engaging in trade
You will need a permit when
- you engage in a trade on behalf of your client as a private entrepreneur, i.e., a self-employed person.
- you continue the business or trade that your client has previously conducted or received as an inheritance or gift.
If your client is able to personally engage in business activities, a permit is not required.
Required attachments:
- information on the scope, funding, content and profitability of the business and its resulting responsibilities to your client
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
Setting up a general partnership or a limited partnership
You will need a permit when you enter into an agreement on behalf of your client
- to establish a general partnership
- to establish a limited partnership
- to join such companies.
You will need a permit when you become either a general partner or a silent partner.
The transfer of shares will not require a permit.
Required attachments:
- the partnership agreement
- information on the scope, funding, content and profitability of the business and its resulting responsibilities to your client
- the most recent financial statements, if you are applying for a permit to join an already existing company, for a change to the company’s form of business or for a merger.
- if the estate, in which the client is a stakeholder, wants to continue the company’s activities after the death of the general partner, attach a copy of the following documents:
- an estate inventory deed without an account of family relationships (note! estate inventory deeds of all estates relevant to the matter)
- potential will, including its service of notice and certificate of validity
- any prenuptial agreement and certificate of its registration
- if your client is a minor aged 15 or over, the client’s written opinion on the planned action.
2. Make sure that you are not disqualified from representing your client in the action you are planning to take.
You may be disqualified to represent your client, for example, if you yourself or someone close to you is a party to a transaction or division of inheritance. In this case, you must apply from us for the appointment of a substitute guardian for yourself. After that, the substitute guardian we appoint will apply from us for a permit for the intended action.
3. If your client is a minor aged 15 or over, find out their opinion on the planned transaction.
As guardian, it is your duty to contact your client and find out their opinion. Attach your client's written opinion to the application either in the section reserved for it in the permit application or by means of a separate consent form (in Finnish).
4. Submit a permit application.
You can apply for a permit in the new Guardianship E-service. You will need online banking codes or a mobile certificate to use the e-service.
Go to the Guardianship E-service (in Finnish and Swedish)
Are you unable to handle your matter online?
Fill in the permit application (in Finnish). Describe in concrete terms which action you intend to take and explain why it is in your client's best interest. Save the form on your device before filling it in.
Check the list above to see which attachments your planned action requires. Attach them to your application and submit all documents at the same time to speed up the processing of your application.
Submit the signed printed application and its attachments to us
- by mail to the following address: Digital and Population Data Services Agency / Guardianship Services, P.O. Box 1004, FI-00531 Helsinki
- by delivering them into the mailbox of our nearest service location.
Are you submitting an application to confirmation for a forest management plan?
Fill in the permit application (in Finnish) and attach it and the forest plan and other documents and attach them to the online form.
Price
The price of the permit decision and the decision to confirm the property management plan is EUR 184 per decision.
The price for a decision concerning the division of property or distribution of inheritance will be determined by the size of the net worth that is being divided.
When the divided net worth is
- at most 85,000 euros, the decision will cost EUR 184
- 85,001 – 170,000 euros, the decision will cost EUR 324
- more than 170,001 euros, the decision will cost EUR 444.
If the permit is needed in matters related to the property of an estate, the estate will then also be responsible for paying the fee.
Processing time
The average processing time depends on the nature and content of the permit affair:
- trade permits, approximately 1 to 2 months
- permits related to division of property and inheritance, approximately 4 to 6 months
- other permits, approximately 2 to 3 months.
In individual cases, the processing time may be less or more than this depending on the extent and complexity of the matter. Processing times are longer when not all necessary reports have been included as attachments to the application.
We will process applications in their order of arrival.
6. We process your application. Wait for our decision.
We will process your application and check that the action you are planning is in the best interest of your client.
If we need any additional information or other documentation, we will send a request for supplementary data electronically to the Suomi.fi Messages service or via email, by post as a letter or by phone.
7. Receiving your decision.
You will receive your permit decision by post, Suomi.fi Messages, or email if you have given your permission for this separately in your application.
8. If you are not satisfied with the decision, you have the right to appeal against it to an Administrative Court.
The instructions on how to do this are attached to the decision.
Frequently asked questions
In this case, you can also find out your client's opinion orally. Write the opinion your client expressed orally in the permit application. At the same time, explain why your client is unable to express their opinion in writing.
Write in the section reserved for this in the permit application that your client does not understand the significance of the matter. At the same time, explain the reason why they do not understand it. In addition, attach to your application a medical certificate or other potential report that explains your client's lack of ability to understand the matter in question.
If you have already completed an action that requires a permit, you can apply for our approval for it afterwards. Please note, however, that we may not be able to give our approval for your action. In this case, it will not bind your client in any way, and you may be held personally liable for the consequences of the commitments you have engaged in to a third party. Therefore, we strongly recommend that you apply for a permit before taking the action and rely on our ex-post approval only when this is necessary for ensuring the best interest of your client.
Submit the application to us in the same way as you would if you were applying for a permit from us in advance. Attach a signed document of the action to your application instead of a draft of it and other necessary appendices needed for the particular permit.
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