Guardianship authority's means of supervision

The actions of a guardian and a donee are guided by the instructions provided when their task begins. Both a guardian and a donee must submit a property inventory for the client’s or donor’s property under their management. Supervision is based on the property inventory.

If you notice any shortcomings in the guardian’s or the donee’s actions, inform the Digital and Population Data Services Agency about them in writing.

Means of supervision

If the guardian's task includes management of financial matters, the guardian must submit a statement of accounts on the performance of their task to the guardianship authority once a year after the accounting period has ended. In the statement of accounts, the guardian must explain how the client’s matters have been handled. The accounting period is usually equivalent to one calendar year. The guardianship authority audits the statement of accounts. When the audited statement of accounts is returned, the guardian is given instructions and, if necessary, a warning is given for any shortcomings found in the guardian’s actions or in the way the statement of accounts has been drawn up. Serious shortcomings and problems may even lead to the guardian being dismissed. Auditing the statements of accounts is supervision carried out retrospectively.

The extent of the supervision of donees depends on what the donor has specified in the continuing power of attorney. It the power of attorney does not state accountability, the donee does not need to provide regular statements of accounts to the guardianship authority. However, the donee must provide a final statement at the end of the mandate to the party that is entitled to receive the donor’s property. Depending on the situation, such parties include the donor, a new donee or the estate of the donor. The donor may, however, state that it is not necessary to provide even a final statement, but cannot state that the final statement must be given to the guardianship authority.

The guardianship authority may still request the donee to provide an account of how the task has been managed if there is a reason for this. For example, a party may have notified unclear issues in the management of the donor’s affairs, a person close to the donor’s may have filed a complaint with the guardianship authority about the donee’s actions, or a notification may have been submitted of the need to appoint a guardian for the donor.

The donor may also specify supervision other than supervision by the authorities. For example, the donor may state that the donee must report to the other siblings on the management of the donor's matters once a year.

The guardian and the donee must on request give to the guardianship authority all information, receipts and documents concerning their task.

The guardian must apply to the guardianship authority for a permit for certain significant transactions, such as a property transaction or the division of inheritance. The supervision of permits is supervision carried out in advance. A draft of the agreement that the guardian intends to conclude must be attached to the permit application so that the guardianship authority can consider whether the agreement is in the best interests of the client. See more information on the page Actions that require permits.

Unless specified otherwise by the donor in the continuing power of attorney, donees do not need to apply to the guardianship authority for a permit for the transactions guardians have to.

If the guardian of a minor is the minor’s custodian, the guardian has the duty to file a statement of accounts only if the guardianship of the minor has been entered in the register of guardianship affairs. However, the guardian of a minor must apply for a permit for significant transactions. If the guardian is disqualified, they also cannot represent the child, but must apply for a substitute guardian to perform the tasks they are disqualified from. Read more on page When a substitute must be appointed in place of a guardian. The duty to keep accounts applies to all guardians of minors.

The guardian must notify the guardianship authority if the client receives new property. If the client is a minor, a duty to notify arises when the amount of the property is EUR 20,000 or more, which means that is must be entered in the guardianship register. If the client becomes a stakeholder in an estate of a deceased person, the estate inventory must always be submitted to the guardianship authority.

Complaint concerning activities of a guardian or an assignee

Anyone who observes shortcomings in a guardian’s or an assignee’s actions may ask the guardianship authority to investigate the guardian’s or the assignee’s actions. Such a request for investigation should be made in writing. The matter can also be processed on the basis of an oral request if the guardianship authority agrees to this.

What may happen if I complain?

The consequences of a complaint depend on what is found out when the matter is investigated. The guardianship authority may state that the matter does not require any measures to be taken or

give instructions
instruct the guardian or the assignee to pay attention to good guardianship practice or a certain matter in the future
give a warning to the guardian or the assignee if they have acted unlawfully or neglected their responsibilities
take measures to dismiss the guardian (replacing the guardian), to appoint a guardian to the assignor, to appoint a substitute guardian, etc.

Restrictions on the handling of complaints

If the events you are making the complaint about took place over two years ago, the complaint will not be accepted for consideration unless there are special reasons for doing so.

If you want to make a claim for a revised decision and the decision in question included instructions on making a claim for a revised decision, simply follow these instructions. A complaint will not be investigated if it is possible to make a claim for a revised decision from a redress authority about the matter described in the complaint.

Checklist

If you are not satisfied with the amount of cash funds you have been given, first discuss with your guardian whether your financial situation is such that the amount of the cash funds could be increased.
If you are not satisfied with the actions of the guardian or the donee, first discuss the problem with the guardian or the donee.
If the guardian is a public guardian, you can also contact the Chief Public Guardian who may investigate the matter as the employer's representative if necessary.

This is what to do

Write the complaint as a freely worded letter. Include the following things in the letter:

Your name
Your contact details during office hours (telephone number and email address)
The name and contact details of the guardian or assignee
The name of the client or assignor
Tell us about any observed shortcomings. Describe any actions of the guardian, guardianship office or assignee that you believe to be incorrect or inappropriate
State the time of the event
If more than two years has passed since the event, explain separately why the matter should now be considered after such a long period of time.

Send the letter to the Digital and Population Data Services Agency by e-mail. Send the email with the Agency’s secure service so that any personal data and other confidential information is sent securely encrypted. Select [email protected] as the recipient of the secure mail.

You can also send the letter by regular mail to: Digital and Population Data Services Agency / Guardianship Services, PO Box 1001, 02151 Espoo

Processing time

As a rule, cases are processed in their order of arrival. In individual cases, the processing time may be less or more than this depending on the size and complexity of the matter.

Price

Complaints are processed free of charge.

Links to laws related to the matter

Guardianship Services Act (in Finnish)

Act on Continuing Powers of Attorney (in Finnish)

Guardianship Services contact information

Email

When sending an email, please use the Digital and Population Data Services Agency’s secure email to ensure that your information is sent securely. Select [email protected] as the recipient in the secure mail

Send the email as a secure email

Postal address

Digital and Population Data Services Agency / Guardianship, PO Box 1001, FI-02151 Espoo

With the exception of property inventories, annual statements and final statements, you can send all post to the Guardianship Service to the address listed above. The three separately specified reports must be mailed to the postal address of the service location responsible for their monitoring.

Telephone number

The telephone service is open 9.00-15.00 on weekdays

Service number +358 295 536 256

Service locations

Addresses of the Digital and Population Data Services Agency’s service location