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.

This is what to do

The deputy donee completes the application for the confirmation of power of attorney on the Digital and Population Data Services Agency website and submits it to the agency.

Applicatioin (in Finnish)

Price

A fee is charged for the service. The cost for the confirmation of continuing power of attorney is EUR130/decision.

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.

 

This is what to do

Fill in the application for appointing a guardian to the duties of a donee on the Digital and Population Data Services Agency’s website and submit it to the Agency.

Application (in Finnish)

Attach the consent of the private person to the role of guardian to the application.
if you are proposing a public guardian for the task of guardian, the consent of a private person to the task of guardian need not be attached.

Consent form (in Finnish)

Price

A fee is charged for the service.

The appointment of a guardian costs EUR 113/decision. The fee will not be charged if the net annual income of the donor, including their social benefits provided in cash, is less than EUR 8,147.

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