The donee is disqualified

As donee, you will sometimes be disqualified form representing the donor. This may happen, for example, if your or your close relative is a party in actions. These actions often include the concluding of a lease, the sale of an apartment, the division of inheritance or the giving of a gift.

As donee, you are legally disqualified from representing the donor if you are an opposite party in an action. You are also disqualified from representing the donor when the opposite party is someone who is close to you, e.g. your spouse or child. Disqualification can also arise when the interests of the donor and your own interests are conflicting for reasons other than your close relationship.

The purpose of the below image is to clarify situations in which the donee is unable to represent the donor.

If an impartial deputy donee has been appointed in the power of attorney (for example, a person outside the family), the person in question can then apply for the confirmation of the continuous power of attorney for their part. When the authority has confirmed the deputy donee’s power of attorney, the donee is eligible to represent the donor in the matter in which the actual donee has been disqualified.

A guardian appointed by the Digital and Population Data Services Agency

If a qualified deputy donee is not appointed in the power of attorney, you can apply to the Digital and Population Data Services Agency for the appointment of a guardian for the duties of the donee. A public guardian or a private person, who has given their consent to taking on the duties and is both suitable and qualified to act as guardian, can be appointed guardian. The guardian must always apply for the permission of the guardianship authority for legal actions listed in section 34 of the Guardianship Services Act.