The guardian needs a substitute 

You are disqualified and need a substitute if your client’s counterparty* in the matter (such as the distribution of inheritance) is any of the following: 

• you or your spouse 
• a child or grandchild of you or your spouse, or a spouse of said child or grandchild  
• a parent or grandparent of you or your spouse, or a spouse of said parent or grandparent  
• a sibling of you or your spouse, or a spouse of said sibling 
• your sibling’s child or your parent’s sibling 
• another client you represent 
• a company in whose management you are involved. 

Both married spouses and cohabiting partners are considered to be spouses. Half-relatives are considered to be relatives.  

*Counterparties include the seller and the buyer, the landlord and the tenant, and for estates, the widow(er) and the heirs. 

Chart: Situations where the guardian is disqualified 

You are also disqualified if the interests of you and your client are in conflict with each other in any other way. 

You will also need a substitute if you are unable to perform your duties due to illness or long-term absence. 

The custodians of a minor child also act as their guardians. As a guardian of a minor, you are disqualified and need a substitute if the minor’s counterparty* in the matter (such as the distribution of inheritance) is any of the following: 

• you 
• your spouse  
• your child  
• another client you represent 
• a company in whose management you are involved.   

*Counterparties include the seller and the buyer, the landlord and the tenant, and for estates, the widow(er) and the heirs.   

Chart: Situations where the guardian is disqualified 

You are also disqualified if the interests of you and the minor are in conflict with each other in any other way. 

Please note that the custodians acting as guardians of a minor must work together. If one of the guardians is disqualified, neither may act as a guardian in the matter in question. 

From now on, on this page, the word client is used for both adults and minors. 

Either a private person or a public guardian can be appointed as a substitute guardian.  

If you wish to propose a private person as your substitute, first discuss the matter with them. We will need their written consent.  

The substitute must be qualified in the matter in question. In addition, they must have sufficient skills to represent the client in the matter. We will consider and decide whether the person you propose can act as your substitute. 

The substitute will be responsible for ensuring that the matter in question is handled to the interest of the client.  

They must also be able to take a stand in the matter from the client's perspective. For example, in a distribution of inheritance, the substitute has to be able to assess how the matter is handled to the best interest of the client based on the client’s right to inherit.  

The substitute guardian is responsible for the performance of their duties in the same way as the guardian. For example, they must keep records of the client's assets and debts and transactions during the accounting period with particular care if their duties include the management of property. For certain actions, they must also apply for permit from us.  

The substitute's duties end when they have completed the task(s) they were appointed for. 

Your daughter’s cohabiting partner cannot act as your substitute, as cohabiting partners are also considered spouses and are therefore disqualified. 

You are disqualified from acting as the guardian of a minor in a matter where the counterparty is you or your spouse, your child, or another client you represent. For example, if your other, adult child is also a stakeholder in the estate, you are disqualified and therefore cannot act as a guardian in the distribution of inheritance. 

In most cases, a substitute is not required. In the daily management of the estate’s finances, e.g. the payment of invoices, the parties – in this case, the minor and the widow(er) – are not considered each other’s counterparties.  

Our permission is not required for the daily management of the estate’s finances.  

We advise you to discuss the management of financial affairs with the bank.

If grandparents give their property as a gift to their grandchildren, as the custodian of your children, you can accept the gift on their behalf. However, you will be disqualified if, in connection with the gift, you receive the right of possession to the summer house property whose ownership is being given to your children. In this case, you will need to appoint a substitute guardian who can then accept the gift on behalf of your children. 

The necessity of a substitute guardian does not depend on whether you need our permission for the action. What matters is whether you are disqualified as a guardian, in other words, whether you or your close relative is your client’s counterparty in the matter in question. If this is the case, you will always need to appoint a substitute. 

The recommended price for a public guardian performing a special task (for example, acting as a substitute) is EUR 110/hour. For more information on the recommended prices, please visit the oikeus.fi website. 

Usually no, as the fee will not be charged if the applicant's net income (including different social benefits) is less than EUR 8,147 per year.