Pub­lic guardian­ship

Public guardianship provides support in situations where a person is unable to manage his or her own affairs due to illness, disability or some other reason. A guardian takes care of matters such as financial affairs, benefits and dealings with the authorities.

The National Legal Services Authority organises public guardianship services in Finland. Guardians look after the affairs of those individuals for whom a guardian has been appointed. 

However, we do not process applications for the appointment of a guardian, nor do we decide on the appointment of one. These matters fall within the remit of the Digital and Population Data Services Agency (DVV) or a district court.  

What is public guardianship and who is it for? 

Public guardianship is a means of protecting a person’s interests in a situation where they are unable to manage their own affairs. 

Public guardianship may be required, example, due to illness, disability or old age. The duties of a guardian are always determined on the basis of the person’s needs and may relate, for example, to financial matters, the management of assets or dealing with the authorities. Public guardianship is always a personalised arrangement, and its scope is determined by the individual’s circumstances. 

Applying for a guardian

A person may apply to the Digital and Population Data Services Agency to have a guardian appointed for him or herself. The petition for the appointment of a guardian may also be filed with a district court. A close relative or an authority, for example, may also notify the Digital and Population Data Services Agency of a person who might need a guardian. The decision to appoint a guardian is made by the Digital and Population Data Services Agency or a district court. 

The National Legal Services Authority does not process petitions for the appointment of a guardian, decide on the appointment of a guardian or validate continuing powers of attorney. The Digital and Population Data Services Agency is responsible for these matters and, where necessary, a district court. 

Who can act as a guardian?

A guardian may be either a private guardian or public guardian. 

Public guardian

A public guardian who carries out guardianship duties as part of his or her profession may be appointed as a guardian. A public guardian usually works at a public guardianship office under the National Legal Services Authority. In some areas, he or she may also work for the provider of an outsourced service contracted by the National Legal Services Authority. 

Private guardian

A private guardian is often a close relative. He or she could be, for example, a spouse, child or other relative. He or she may be appointed to the task if he or she is suitable for it and willing to accept it. 

What does a public guardian do?

A public guardian manages the affairs of his or her client – that is, the person under guardianship – in accordance with that person’s best interests and as required by law. Usually the guardian manages the client’s financial affairs and assets, and ensures that the finances are managed in accordance with their needs. Public guardianship relates to a person’s financial or other affairs, in accordance with the duties assigned to the guardian. 

The duties of the public guardian may include, for example: 

• managing financial affairs and assets 

• managing income and benefits 

• handling banking and administrative affairs 

• handling matters related to contracts 

• monitoring the appropriateness of the services and care required by the client 

• cooperation with social and health care services and other authorities 

The guardian must ensure that the client is left with sufficient money for their own use – that is, available funds – in accordance with their financial circumstances. Where possible, a guardian must ascertain the client’s views when managing their affairs and respect their right to autonomy. 

How is the work of a guardian monitored? 

A guardian must keep records of the client’s assets, liabilities and account transactions, and must report on their work to the Digital and Population Data Services Agency. Many legal acts that are significant from the client’s point of view require authorisation from the Digital Population Data Services Agency. These include, for example, buying and selling a residence or property, pledging assets as security and taking out a loan.  

A guardian cannot make donations on behalf of his or her client nor may he or she disclose to others information about his or her client’s affairs without authorisation to do so. 

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

Guardianship and continuing power of attorney are different things. 

Guardianship refers to an arrangement whereby a guardian is appointed for a person by decision of a public authority when that person is unable to manage his or her own affairs. The decision is made by the Digital and Population Data Services Agency or a district court. 

Continuing power of attorney is an authorisation drawn up in advance by a person for future use. In this, a person appoints a donee to manage their affairs should he or she later be unable to do so him or herself. Continuing power of attorney is confirmed by the Digital Population Data Services Agency. 

If you need information about continuing power of attorney or wish to draw up a continuing power of attorney, you can find further information on the website of the Digital and Population Data Services Agency. 

E-services 

Clients of guardianship offices of the National Legal Services Authority have access to e-services for public guardianship matters. 

As a client of the public guardianship service, you can: 

• send messages securely 

• manage your affairs through a single service 

• keep track of your account details 

• see the actions taken by your guardian 

Frequently asked questions about public guardianship

Can I make my own decisions even though I have a guardian? 

Yes, usually. The appointment of a guardian does not automatically deprive a person of the right to make decisions about his or her own affairs. 

The duties of a guardian are determined by the content of the decision. Where possible, the guardian should discuss matters with his or her client and take his or her views into account when dealing with such matters. 

How is the amount of available funds, or spending money, estimated? 

The guardian’s role is to ensure that the client has sufficient funds to cover both current and future expenses. The amount of available funds is influenced by factors such as income, housing and care costs, the cost of medicines, debts and other aspects of the financial situation. 

If your needs or circumstances change, the amount of your available funds can be reassessed. 

Does a person with dementia always need a guardian? 

Not necessarily. The need for guardianship is always assessed on a case-by-case basis, taking into account the individual’s circumstances. 

Can a guardian sell a residence? 

In some cases, yes, but generally the permission of the Digital and Population Data Services Agency is needed. 

Can I change my guardian? 

Yes. An application can be made to change a guardian if there is a valid reason for doing so. 

If you feel that the collaboration is not working or you are not satisfied with the guardian’s work, you can contact the Digital and Population Data Services Agency. The decision to change guardian is made by the Digital and Population Data Services Agency or a district court. 

What should I do if I am not satisfied with the guardian’s work? 

If you are dissatisfied with the way your guardian is working, you should, in the first instance, discussed the matter with him or her. 

If the matter is not resolved or if you suspect that your affairs are not being handled properly, you can contact the Digital and Population Data Services Agency, which oversees the work of guardians.