What is the difference between guardianship and a continuing power of attorney?

When a person is no longer able to manage their own affairs due to illness, ageing, or an accident, someone needs to take care of these matters on their behalf. Guardianship and a continuing power of attorney are two ways to arrange this. They sound similar but differ significantly.

Continuing power of attorney – a choice made in advance 

• It is made in advance, while the person is still able to make decisions. 
• The person themselves chooses who will handle their affairs and how. 
• The power of attorney only becomes valid when the person can no longer manage their own matters. 
• It is a more flexible and faster arrangement than guardianship ordered by an authority. 
• It does not require annual financial statements or separate permits unless specified in the power of attorney. 
• The attorney can be a close family member – such as a spouse or child – or another trusted person. 

More information about the Continuing power of attorney, i.e. anticipating the need for support 
How to draw up a continuing power of attorney 
How to apply for confirmation of a continuing power of attorney 

Guardianship – a solution appointed by an authority  

• Used when a continuing power of attorney has not been made or can no longer be made. 
• You can apply for guardianship for yourself, or you can notify the Digital and Population Data Services Agency of another person’s need for guardianship. 
• The Digital and Population Data Services Agency or a district court appoints the guardian. 
• The guardian may be a close relative or a public guardian (a public official). 
• A guardian’s activities are supervised: annual financial statements are required, and many actions such as selling an apartment require separate permission. 
• Appointing a guardian can be a slower and more burdensome process than confirming a continuing power of attorney. 

More information about guardianship 
How to apply for a guardian for yourself 
How to report a person who may need guardianship 

What do guardianship and a continuing power of attorney have in common? 

• In both cases, another person handles matters on someone’s behalf. 
• The types of matters can be similar. They may include financial matters or personal matters, such as care and housing. 
• The aim is to safeguard the person’s welfare and best interests. 

A continuing power of attorney is like an insurance policy – it should be made in time. It allows you to decide in advance who will manage your affairs and how. If no continuing power of attorney exists, an authority may end up making that decision for you. For this reason, the continuing power of attorney is often the easier solution.