Ministry of Justice, Finland

TO PRINT OUT THE BROCHURE, PLEASE CLICK ON THE LINK TO THE RIGHT ON THE TOP OF THIS PAGE. 

A Registry Office or a District Court may appoint a guardian for a person who cannot himself or herself look after his or her interests or take care of his or her affairs. The guardian is in a fiduciary relationship with the client. He or she protects the interests of the client and represents the client in the matters that have been assigned as his or her task. The Registry Office or the District Court decides on the assignment of a guardian’s tasks.

• Guardianship Services Act (442/1999)
• Act on the Arrangement of Guardianship Services (575/2008)
• Guardianship Services Decree (889/1999)
• Ministry of Justice guidelines on the fee criteria of guardians (14 december 2001)
• The FINLEX Legal Data Bank
• The websites of the Registry Offices

This brochure is also available on the website of the Ministry of Justice at www.om.fi

Updated on 27 August 2010
Ministry of Justice

Normally, a guardian is appointed to take care of the property and financial affairs of the client. A guardian may also be appointed for the performance of an individual task, such as the sale of real estate on behalf of the client.

The guardian is normally charged with the administration of the property of the client. The guardian must administer the property of the client so that the capital and the proceeds can be used to the benefit of the client and for the satisfaction of his or her personal needs.

Among other things, the guardian must ensure that the client has access to enough of his or her own money to cover personal expenditures. Normally, the guardian is not empowered to sell assets that are especially valuable to the client or that the client needs while subject to guardianship or thereafter.

The guardian must seek a close rapport with the client. Before the guardian decides on a matter that is important to the client, he or she should inquire the opinion of the client, if possible in view of the client’s condition.

The guardian must also see to it that the client receives suitable treatment, care and rehabilitation. If necessary, the guardian must be in contact with e.g. the municipal medical and health care authorities.

A guardian taking care of the property of the client must keep books of the assets and liabilities of the client as well as of the events of the accounting period (accounts). In the beginning of the task, the guardian must supply the Registry Office with a list of the assets and liabilities of the client (inventory). The guardian must submit regular, normally annual, accounts to the Registry Office (account statement).

If the client has receivables, e.g. a pension, the guardian must notify the payor of the bank account into which to pay the amounts. In addition, the guardian must notify the bank of who is entitled to make withdrawals from that account.

The guardian must obtain the permission of the Registry Office before entering into important transactions on the behalf of the client. A permission is needed e.g. for the selling or buying of real estate or a residence, the pledging of property as collateral for a debt, and for the taking out of some other loan than a state-guaranteed student loan.

The guardian is not empowered to donate the property of the client. In addition, the guardian cannot represent the client in a transaction where the guardian himself or herself or a person close to the guardian is a party. An alternate guardian is required for such transactions.

The guardian is entitled to compensation for his or her expenses and to a reasonable fee. The Ministry of Justice has issued guidelines on the fee criteria. The guidelines are available at all Registry Offices and on their website at www.maistraatti.fi.

Information on the compensation and fees must be included in the account statements to be submitted to the Registry Office.

Upon petition, the District Court will terminate a guardianship, once there no longer is need for one. The petition for termination may be filed by the client himself or herself, the guardian, or the Registry Office. The petition for termination may also be filed by the parent, spouse, child or other person close to the client. The Registry Office may also terminate a guardianship. This, however, requires that the client and the guardian file a petition for termination together.

In order to ensure that no one is under guardianship without reason, the Registry Office reviews all guardianships every four years and determines whether they should continue.

The District Court may terminate the task of a guardian when he or she so petitions or when the client no longer is in need of guardianship. The Registry Office may also terminate the task of a guardian if he or she petitions for it. The task of a guardian is terminated as a matter of course if the client dies. The guardian’s task must be terminated by decision of the District Court also if he or she proves to be unsuitable for it.

After the termination of the task, the guardian must without delay submit final accounts, covering the period as yet not accounted for, to the Registry Office (final accounts). The guardian must maintain a paper trail of the entire duration of the guardianship (retention of receipts). After the termination of the task, the guardian must release the property of the client to the person who is thereafter entitled to possess it.

Registry Offices operate as guardianship authorities. They supervise the activities of the guardians, e.g. by checking their accounts and issuing permissions for the most important transactions to be concluded on the behalf of the clients. The Registry Office may also order that a specific administration plan be drawn up for the management and use of a client’s property. In addition, the Offices maintain the nation-wide register of guardianship affairs.

If a guardian is temporarily prevented from attending to his or her tasks, e.g. for reason of illness, the Registry Office may appoint an alternate guardian. The Office may appoint an alternate also in the event that the regular guardian must recuse himself or herself from a transaction to be concluded on the behalf of the client.

More detailed information on the tasks of a guardian is available at the Registry Offices.

In the Åland Islands, the State Department of Åland, not the Registry Office, is the guardianship authority.