Looking after the interests of an absent person or the future owner of the property 

On this page, we explain when the District Court can appoint a guardian to a person who is absent or who will own certain property only in the future. 

Monitoring the interests of an absent person  

An absent person refers to a person whose whereabouts are unknown and cannot be resolved, even if they have to be reached to handle a particular matter.  

The reason for the need to reach them may be, for example, that they have become a shareholder in an estate. If the person is not reached, a guardian may be appointed to supervise their interests in the estate. In addition, if a person receives property in the distribution of inheritance, the guardian can make decisions related to it if necessary. 

The District Court may appoint a guardian for a person who is absent if 

  • the deceased has a legacy and neither the heir nor the legatee or their whereabouts are known. 
  • the deceased has an inheritance, and the heir or legatee cannot enforce their rights. 
  • it is otherwise necessary to look after the right of the absent person or manage the person’s property. 

Monitoring the interests of the future owner of the asset 

A gift deed or will may be used to donate property to a person who cannot manage it at that time. In this case, the person needs a guardian appointed by the District Court to manage the property in question. 

The donor or testator may also name the guardian in question in the donation deed or will. For example, a grandparent donating their property to a minor grandchild may want the property to be managed by a guardian other than the guardian acting as the guardian of the minor for as long as the minor is a minor. Even in this case, the District Court will decide on the need for a new guardian on the basis of the application. 

The District Court may appoint a person named in a deed of donation or will as a guardian if 

  • the management of the property in this way is in the interest of the recipient and 
  • the donor has an acceptable justification for ordering the property to be managed by a guardian other than the guardian already on the recipient. If it can be assumed that the different views of the guardians make it difficult to use the property for the client's benefit, the District Court will not appoint a new guardian. 

Laws related to the matter

Guardianship Services Act (442/1999)

 

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