Continuing power of attorney
Through a continuing power of attorney, a person can make sure in advance that his/her affairs will be manged even if s/he is later incapable of doing so himself/herself e.g. because of deteriorating health.
Preparing a power of attorney
The authorisation is made in writing in the same way as a will. In a power of attorney, the person granting the authorisation (the assignor) appoints an assignee to manage their affairs. The assignee must consent to the task.
The assignor determines what matters the authorisation covers. They may authorise the assignee to take care of, for example, the management of their assets and other financial affairs, as well as personal matters such as their health care and medical treatment. The assignor may also determine how the assignee’s activities are supervised. It is advisable to seek assistance from a legal aid office or a lawyer when preparing the power of attorney.
Confirming a power of attorney
The power of attorney enters into force only once it has been confirmed by the Local Register Office. Confirmation may be requested when the assignor has, for one reason or another, become unable to manage their affairs. In most cases, confirmation requires a medical certificate concerning the assignor. Any cancellation of a power of attorney that has already been confirmed must also be confirmed by the Local Register Office.
When beginning their duties, the assignee must provide the Local Register Office with a list of the assignor’s assets and debts that the power of attorney entitles the attorney to manage.
The Digital and Population Data Services Agency supervises
The Digital and Population Data Services Agency supervises the assignee’s activities. For this purpose, the Digital and Population Data Services Agency may, if necessary, request that the assignee provides an account of how the assignor’s affairs have been managed.