Ministry of Justice, Finland

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By issuing a continuing power of attorney you can make sure that your affairs will be taken care of even if, for instance, illness or deteriorating health later makes you lose your capacity to see to them yourself.

"How would I like my affairs to be managed if I become seriously ill or if, when I grow old, my decision-making capacity will be impaired?" is a question ever more frequently pondered upon. The Act on Continuing Powers of Attorney, which came into force in November 2007, provides better means than before to make preparations for a possible decreased functional capacity. By issuing a continuing power of attorney you can make sure that, if you are struck with functional incapacity, your affairs will be attended to by a trustee that you have appointed yourself.

Further information: Register offices, legal aid offices and lawyers

The Act on Continuing Powers of Attorney (648/2007) can be found on the Internet address http://www.finlex.fi/fi/laki/ajantasa/2007/20070648 (only in Finnish and Swedish)

Updated on November 6, 2007
Ministry of Justice

A continuing power of attorney shall be in writing in the same way as a will. In the power of attorney, the donor appoints the donee, who shall have agreed to the task, and defines the scope of the power of attorney. The donor may authorize the donee to deal with matters regarding his or her property and other financial matters and, if the donor so wishes, also personal and health care matters.

Two qualified witnesses shall be simultaneously present when the donor signs the continuing power of attorney or acknowledges his or her signature. After that, the witnesses shall certify the power of attorney by their signatures. A close relative cannot act as a witness. The signed power of attorney shall either be given to the donee or the donee shall be otherwise informed thereof.

When drawing up a continuing power of attorney it may be advisable to ask for help from a legal aid office or a lawyer. The power of attorney can, of course, be revoked or amended.

If the donor is no longer capable of managing his or her affairs, for instance because of illness, the donee can ask the Register Office to confirm the power of attorney. The donee shall present to the Register Office the original power of attorney and a medical certificate or the equivalent stating that the donor has become incapable of managing the affairs covered by the power of attorney. The power of attorney comes into force on confirmation by the Register Office.

The Register Office supervises the actions of the donee especially with regard to financial affairs. When the donee begins to execute his task, he shall submit a list of assets and debts of the principal covered by the power of attorney to the Register Office. At the request of the Register Office, the donee shall later submit a report on how the financial affairs have been managed.

The donor can affect the scope of the power of attorney. The power of attorney can, for example, indicate that those provisions of the Guardianship Services Act obliging the donee to submit a periodical statement of accounts to the Register Office shall be applied to the supervision of the donee.

A continuing power of attorney shall at least state:

1. that it constitutes an authorization
2. the matters in which the donee is entitled to represent the donor
3. the donor and the donee
4. that the power of attorney will come into force in case illness, deteriorating health or similar circumstances renders the donor incapable of managing his or her own affairs

The Act on Continuing Powers of Attorney (648/2007) 6 §

 

By issuing a continuing power of attorney you can make sure that somebody else will manage your financial and other affairs in the future if, for some reason, your functional capacity will deteriorate. The idea of a continuing power of attorney may seem like a distant idea, but it shows, in fact, sensible foresight.