Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of the operation is to control the interests and rights of persons who are unable to take care of their financial interests for reasons of disability, illness, absence or other reasons.
Where the interests of any person have to be supervised in a non-financial case, the guardian shall take care of it in so far as it is set out below.
The power of the storyline Means any person under the age of 18 years (minor) And 18-year-old persons ( Of legal age ), which has been declared incompetent.
The financial and other matters referred to in this law are dealt with by the trustee.
Anyone who is not disabled may, in accordance with the provisions of this Act, be assigned a trustee if he needs to support his or her affairs. If the determination of the guardian is not sufficient to safeguard his interests, his ability to act may be limited as set out below.
The guardian of the sector shall be his guardian, unless otherwise specified below. However, in accordance with this Chapter, the court or tribunal may, in accordance with this Chapter, release the guardian's guardian and, where appropriate, order the minor to be the guardian of the minor.
The full-age trustee is a person whose court or guardian has been instructed to do so.
A court or a depository authority may order more lobbyists and, if necessary, decide on the division of tasks between interest representatives.
A suitable person may be appointed as the guardian for the purpose of giving his consent. In addition, the skill and experience of the guardian and the quality and scope of the task must be taken into account when assessing the suitability.
There is no such thing as a trustee.
If the child's guardian is a minor when the child is born, the guardian becomes the child's guardian when he reaches the age of 18.
If a minor or a person whose operational capacity is restricted is due to the death of the guardian or any other reason without a guardian, the court shall appoint a trustee.
If necessary, the Authority shall make an application to the District Court to determine the guardian.
The court or tribunal may order the guardian of the guardian, who, due to illness, mental illness, impaired health or any other comparable cause, is unable to control their interests or to care for themselves or their assets Issues requiring treatment and not being properly treated in any other way. If necessary, the Authority shall make an application to the District Court to determine the guardian. (29.8.2008/576)
The guardian may be appointed if the person whose interest is to be controlled does not object. However, if he is opposed to the appointment of a guardian, the guardian may be ordered if there is no sufficient reason to oppose his or her condition and the need for a lobbying.
The function of the guardian may be limited to a specific legal act, matter or property.
An underage may be assigned a trustee as provided for in Article 8, after the age of 17. In this case, the function of the guardian begins when the minor reaches the age of 18.
The court shall order the trustee if:
(1) the deceased has left a legacy, no heir, no will, or his whereabouts, or the heir or the will of the will is otherwise unable to enforce his or her right;
(2) otherwise it is necessary to ensure that the right of absence is controlled or that his property is managed;
(3) the future event depends on whom the property will go, or the property rights will be acquired only later and the representative is required to supervise the rights of the future owner or to manage the property on his behalf; or
(4) In the gift book or will, it is stipulated that the property of the beneficiary must be entrusted to the beneficiary's guardian, and the recipient's claim to the beneficiary is in the interest of the beneficiary.
If the guardian is temporarily unable to perform his duties as a result of the illness or in accordance with Article 32 (2) or (3), or for any other reason, the court may order a replacement.
The substitute shall be subject to the law provided for in this Act.
In addition to the court, the guardian may also order the guardian to:
(1) a person whose viability is restricted if he is without a guardian for the purposes of the death of the guardian or any other reason; and
2) the person who, in accordance with Articles 8 or 9, is in need of a lobbying activity.
In the cases referred to in paragraph 1, the condition of the guardian is that the person whose interest should be controlled is capable of understanding the meaning of the case and that he is asking for a specific person to be appointed.
In addition, in the cases referred to in Article 11, the guardian may, at the request of the guardian, provide the guardian with this request.
An application for the appointment of a guardian pursuant to Article 12 shall be entrusted to the depository authority which, according to Articles 46 or 47, shall supervise the activities of the guardian.
The appointment of a guardian shall not prevent the client from taking over his or her own property or taking legal action, unless otherwise provided for by law.
The order issued to the guardian shall be valid for the time being or for the time limit laid down. If the trustee is assigned for a specific mission, the order shall remain in force until the mission is completed.
If necessary, the court may amend the function of the guardian or the period of validity of the order. (25.5.2007)
In addition to the court, the guardian may, if necessary, amend the function of the guardian or the period of validity of the order if the guardian has been assigned pursuant to Articles 8 or 9. In addition, it is necessary for the client to be able to understand the meaning of the case and, together with the guardian, to ask for a change in the period of validity of the function or order of the guardian. (25.5.2007)
The court or tribunal shall release the guardian from his duties if he or she proves unable or unsuitable to do so or if there is another specific reason for the release.
The court or tribunal shall release the guardian as well, if so requested. The parent of his minor child may, at his request, be relieved of his/her child's role of guardian only if there is a particular reason. (25.5.2007)
In addition to the court, the guardianship authority may, if requested by the guardian other than the parent of his/her minor's child, be relieved of his/her duties. At the same time, the Guarantor may, on its own initiative, instruct the trustee to remain in office until a new trustee is appointed. (25.5.2007)
The function of the guardian shall cease when:
(1) the order issued to the guardian shall cease to be valid pursuant to Article 15;
(2) the principal shall die;
(3) the guardian shall be relieved of his duties or declared to be underpower;
(4) the client fulfils the age of 18 if the function of the guardian is based on the minor's underage; or
5) is a decision taken in a foreign country which is recognised in Finland if the continuation of the mandate of the guardian would be contrary to that decision.
(3.9.2010/780)The role of a replacement shall cease when the trustee and the guardian of his surrogate together make a declaration to the guardianship authority referred to in Article 46 or 47. If the trustee and his alternates disagree as to whether the substitute has ceased, the district court shall decide on either of the applications.
The court or tribunal shall, upon application, order the guardian's task to cease when the principal is no longer in need of interest. The Court of Justice may order the guardian's task to cease, even if the principal's habitual residence has been transferred to a foreign State, and the purpose of which it has been set is no longer possible. (3.9.2010/780)
In addition to the Court, the Guarantor may, in accordance with the criteria set out in Article 3 (3), order the guardian's task to cease, provided that the guardian has been assigned pursuant to Articles 8 or 9. In addition, it is necessary for the client to be able to understand the meaning of the case and, together with the guardian, to ask for the appointment of the guardian to cease. (3.9.2010/780)
Paragraph 5 has been repealed by L 11.02.2011 .
An application to amend the function of the guardian pursuant to Article 15 (3), the release of the guardian pursuant to Article 16 (3), or the termination of the task of the guardian pursuant to Article 17 (4), shall be made to the control authority, Which, according to Articles 46 or 47, monitors the activities of the guardian.
Where the guardian has been assigned pursuant to Articles 8 or 9, the guardian authority shall, during the fourth calendar year following the appointment of the guardian, establish on its own initiative, on its own initiative, the appropriateness of the continuation of the lobbying and, where appropriate, a task for the District Court. The application to terminate the task of the guardian. The report shall be reproduced in the fourth calendar year. A study may not be carried out if, in the light of the reason for the appointment of the guardian or other reasons, it is obvious that the interest of the guardian is permanent.
The survey shall be carried out on the basis of the information which the Guarantor has in connection with the audit or otherwise received from the client. The review shall be accompanied by the consultation of the guardian. The main man shall be consulted if the client can be expected to understand the meaning of the case and the report has raised facts which suggest that it may be necessary to amend the order issued to the guardian.
If an adult is unable to take care of his financial affairs and his/her assets, livelihoods or other important interests are therefore at risk, and the protection of his interests is not sufficient to protect his interests, the Court may: Limit his ability to act by deciding that:
(1) he or she may take legal action or take a certain amount of property only together with the guardian;
(2) he is not in a position to take certain legal proceedings or to exercise any right to hold a certain property; or
3) he is declared incompetent.
No one shall be declared invalid if the other measures referred to in paragraph 1 are sufficient to safeguard his interests.
There shall be no further limitation of the operational capacity than is necessary to protect the interests of the person concerned. The restriction must not be extended to a legal action which, according to the law, is legally entitled. However, the court may, for compelling reasons, limit the right of the person concerned to determine what he/she earns after the adoption of the decision.
The viability of the sector may be limited as provided for in Article 18, after the age of 17. In this case, the restriction begins when a minor reaches the age of 18.
Where a court decides to limit the validity of a decision, it shall, where appropriate, provide for the trustee concerned.
If a person has taken a legal action which, owing to the constraints of the scope of action, has not been qualified, the binding nature of the legal action, the repayment of the performance and the value or damage of the performance or damage shall be valid, as provided for in Articles 26 to 28.
The decision to limit the eligibility of a person shall remain in force for the time being or for the period laid down in the decision.
The restriction or the duration of the restriction may be modified if the changed circumstances or other reasons justify it. The restriction must be removed if it is no longer necessary.
The provisions of Article 17b shall also apply where there is a limitation of the capacity of a person. (11.02.2011/122)
Unless otherwise provided for by law, the occupying power shall not have the right to hold his own property or to conclude agreements or other legal acts.
If the law does not provide otherwise, the person who has been declared incompetent may decide for himself if he is able to understand the meaning of the case.
It is possible to take legal action which is normal and insignificant in relation to the circumstances.
A gift of a gift or of a movable property, given to a disabled person without the involvement of the guardian, shall be binding upon the person who has understood the meaning of the case.
The Authority shall have the right to determine what he has earned during the incapacity of his own work and of what the trustee has allowed him to occupy in accordance with Article 38 of this Act. The occupying power also has the right to determine the profits of the aforementioned property and what has become of such property.
Where a disabled person exercises his right in a manner which is manifestly contrary to his or her interests or where there is an obvious danger, the trustee may take the property referred to in paragraph 1 to the extent that it is necessary for the protection of the underprivileged. If the measure concerns the work of a disabled person, it shall be subject to the approval of the Guaranship Authority.
He shall not be bound by a legal act of which he is not entitled, unless his or her guardian has consented to it.
The legal action taken by the power-taking authority will become binding upon him if his or her guardian or self-determination is accepted.
The power to make a will is governed by a succession of succession.
Where a disabled person has taken a legal action without the consent of the trustee, the person with whom the contract was awarded shall be entitled to withdraw from the contract as long as the contract has not been approved or duly completed.
However, if the person with whom the legal act was carried out knew that the other party was under-represented, he did not have the right to withdraw from the contract during the period of agreement to obtain the agreement or which it would reasonably be able to obtain. He may, however, withdraw from the legal act, as provided for in paragraph 1, if he had reason to believe that, in spite of the incompetence, the underpower had the right to do so.
The withdrawal shall be reported to a disabled person or to his guardian.
Where a legal action whose failure has been rendered without the necessary consent shall not be binding, both parties shall return what he has received from the legal action or, unless this is possible, to replace its value. However, there is no obligation to pay compensation more than that which has been used for his or her reasonable maintenance or otherwise have benefited.
Where both parties to a legal action are under-law and the party may not return what he has received on the basis of a legal act, the party shall pay in the form of compensation which may be considered reasonable for both parties. When assessing the amount of compensation, account shall be taken of the status of the parties in the course of the proceedings and after the circumstances and other circumstances.
Notwithstanding the provisions of paragraphs 1 and 2 and notwithstanding the provisions of paragraphs 1 and 2, where a disabled person has been committed intentionally to the time of the action, the compensation for the damage resulting from it shall be applied to the compensation of the injured party; (1999) Provides.
The guardian shall have the capacity to represent his client in legal proceedings relating to his property and economic matters, unless the Court of Justice has otherwise instructed or otherwise provided for it.
If the court has so ordered, the guardian has the right to represent his client in a matter relating to the person whose importance the client is unable to understand. However, under this provision, the guardian does not have representation in a case which is otherwise provided for.
The guardian is not qualified on behalf of his client to consent to marriage or child restraint, to recognise paternity, to accept the recognition of paternity, to make or withdraw a will, or to represent his client in any other case that is: Like these, you know, personal.
The right of the guardian to exercise his client's speech by a court and by another authority shall be regulated separately.
If the principal has more than one guardian, they must jointly take care of the functions of the trustees, unless the court has decided on the division of tasks between interest representatives.
If one of the lobbyists is unable to take part in the decision and the reason for the delay in the decision and the delay in the decision, there is no need to give his consent. However, a matter of significant importance to the client may, however, be decided jointly by the trustees, unless the interests of the client appear to be otherwise required.
If the lobbyists are not in agreement on the matter on which they are to decide together, and the delay would be detrimental, the trustee may request the decision of the Guarantor Authority on whose opinion it is to follow. The decision must be applied to the guardian who, according to Articles 46 or 47, supervises the activities of the guardian.
A claim belonging to the property of the trustee may be paid only to the trustee or to the client's account. However, the performance is valid, even if it was made to the client, if the debtor did not know and in view of his circumstances, it was necessary to know that the receipt of the performance belonged to the guardian.
If the principal has an account in a credit institution, the guardian must inform the institution of who or who can raise the funds in the account.
The guardian must not donate the property of his client.
The guardian shall not represent his client if the trustee is himself, the spouse or child of the guardian, or the person represented by the trustee. However, if the siblings have a common trustee, he or she shall have the power to represent siblings in the succession if those interests do not contradict each other as a result of the requirements or other aspects of the division of the estate.
A parent who is a guardian other than the guardian of a minor's child shall not represent his client either if the counterparty is:
(1) the spouse of the child of the guardian's child or the spouse of the spouse or his spouse;
(2) the grandchild, siblings, elder or grandparents of the guardian or his spouse, or the spouse of such a person; or
3) The child of the trustee of the trustee or the sibling of the parent.
For the purposes of paragraphs 2 and 3, spouses are defined as spouses and in a common household under marital conditions or in other relationships. The relatives are treated as semi-relatives.
The guardian may not represent his client either when the interests of the guardian and his clients may conflict with each other on the grounds other than those referred to in paragraphs 2 or 3.
The guardian, as provided for in Article 10, shall not receive until three years have elapsed since the last information was not available to sell his property, unless the sale was necessary for the payment of the debt, the liquidation of the estate, the To prevent depravity or other similar reasons. The guardian of the future owner's right to supervise the trustee, as provided for in Article 10, may not sell the property entrusted to it, unless it is justified by the above.
The guardian referred to in paragraph 1 shall be entitled to represent the heir or wills in a case concerning the service of his or her will, but does not have the capacity to prevent the right of an heir or of a will Ageing.
Any legal action which, by virtue of its provisions, is made by the absent or future owner's right to supervise the rights of the trustee shall be valid, even if the property goes beyond the person whom he was appointed to represent.
Unless otherwise provided for by law, the guardian is not entitled without the permission of the Guarantor Authority on behalf of its client:
(1) giving up or consideration by means of acquiring immovable property or land rent or other access to buildings which can be transferred to a third party without being heard by the owner;
(2) to dispose of assets or other means of deposit on the basis of a lien;
(3) release a fixed or other property referred to in paragraph 1 for a further period of time than for a period of five years or longer than for one year from the beginning of the age;
(4) take out a loan other than a State-guaranteed student loan, or commit to a debt relief or liability for another debt;
(5) undertake to pursue activities on behalf of its client;
(6) conclude an agreement on the establishment of an open company or a limited partnership, or on accession to such a company;
(7) abandon the inheritance or hand over the inheritance of its client;
(8) conclude an agreement on the common administration of the estate;
(9) to conclude an agreement on the purchase or separation of property, or the distribution of inheritance, which shall be delivered without the (40/1965) chapter 23 For the purpose of the executor; (14/01/2012)
(10) Giving up or consideration in the form of a law on housing rights (650/1990) Or shares or units which entitle the holder to control the premises or other parts of the building or property, with the exception of shares or units referred to in point 13 (g); (25.5.2007)
(11) release from a building or other part of a building or other part of a building or other part of a building or other part of a building or property referred to in paragraph 10, for a period longer than five years; or For a longer period than one year from the beginning of maturity; (25.5.2007)
(12) To sell or sell the forest, to be sold for sale of stone, gravel, sand, clay, peat or soil from the land of the principal, or to give up the right to take it, unless it takes place in the management plan approved by the Guardianship In accordance with
(13) Provide money for money or consideration by providing investment services (747/2012) Chapter 1, Article 10 , or units other than entities, except:
(a) the deposit of funds in a credit institution authorised in the European Economic Area;
(b) the acquisition of bonds issued by the State, the Province of Åland, by the municipality or by the municipality of Åland;
(c) the acquisition of securities traded under the law on trade (748/2012) in Chapter 1, Article 2 , the regulated market or the mtf;
(d) the acquisition of shares in Finland, registered in Finland, Article 2 (4) of the , or a foreign investment undertaking within the meaning of Article 128 (1) of the investment fund law referred to in Article 128 (2) of the Investment Fund Directive, which may market its units, In Finland;
(e) the acquisition of units in a law on alternative fund managers; (162/2014) , the capital of which shall, according to its rules, always include at least three-quarters of the deposits, bonds and securities referred to in points (a), (b) and (c), and the units of which can To provide non-professional customers;
(f) the purchase of financial instruments provided for in points (a) to (e) by a decree of the Ministry of Justice;
(g) the acquisition of shares or units whose principal content of the right is the right to receive a commodity or service normally used in the household, provided that the share does not involve any personal liability for the Community debts.
(17/04/2013)The authorisation shall be sought from the custody authority which, according to Articles 46 or 47, shall supervise the activities of the trustee. Where a legal action or measure is taken on behalf of several persons under the protection of the interests of a number of interests, the authorisation may also be sought from the guardianship authority, for whom supervision belongs to one of them. The guardianship authority must then inform the guardianship authorities of its decision, for which supervision is covered by other controls. The Holhousauthority shall provide the client with an opportunity to be heard in the context of a decision on the authorisation, if the client's opinion does not appear reliably on the application file, or if it is otherwise necessary for the interests of the principal or to clarify the case. However, the opportunity to be heard does not need to be reserved if the principal is a minor who has not completed 15 years. The consultation of the interested party shall otherwise apply to the administrative law (2003) Provides. (11.02.2011/122)
Notwithstanding the provisions of paragraph 1, where the guardian has been authorised to carry out the activities referred to in paragraph 1 (5) or (6), he may, without prejudice to the provisions of paragraph 1, take legal action which, by its very nature, Demands.
The authority may grant the authorisation referred to in Article 34 where the legal action or measure to which authorisation is sought is in the interests of the principal. In this case, account shall be taken of the provisions of Articles 37 to 41 concerning the management of assets.
A legal act to which the trustee was not qualified shall not be bound by the principal.
The legal action taken by the trustee without the necessary authorisation shall not be binding on the principal, unless the guardianship authority from which the authorisation should have been sought, subsequently accepted by the guardian's application. The right of the party to withdraw from the contract is, mutatis mutandis, in force, as provided for in Article 27 (2).
Where, in accordance with paragraph 1, the legal action taken by the trustee is not binding, the obligation of the guardian to replace the damage caused by the party to the party shall apply mutatis mutandis to the provisions of the law on property law (228/1929) in Article 25 Provides.
The guardian must carry out his client's assets in such a way that the property and its profits can be used for the benefit of the client and satisfy his personal needs. In this task, the guardian must conscientiously take care of the rights of the client and promote his best interests.
The guardian must take over the assets of the client belonging to the client in so far as it is necessary to protect his interests. If necessary, the guardian shall have the right to receive assistance in this form as the police law (872/2011) in Chapter 9 of Chapter 9 Provides. However, in the case of property where the client is free to determine, the property shall not be taken under control against the wishes of the principal. (22/2011/891)
The guardian may challenge a public challenge to settle the debts of his client, as in the law on the public challenge. (2003) Provides. (15.8.2003/730)
The client must be left with the property he needs for his personal use. The control of the client must be left to his needs and to the amount of use that is reasonable in relation to other circumstances. If it is in the interests of the principal, the guardian may leave other property to be taken by his client.
If the Head of State wishes to give a gift which is normal and economically insignificant in the circumstances, the guardian must ensure that his intention is fulfilled.
The guardian shall preserve the property which the client, in the event of an exercise of the interests of the interests of the interests of the interests of the deceased, needs to live or pursue an economic activity or otherwise has a special value for the client.
Other assets which are not to be used for maintenance or for other clients' needs must be invested in such a way that there is sufficient certainty for its survival and a reasonable return.
The guardian shall, upon request, explain to the client the financial position and the measures taken by the trustee in the performance of the assets.
The control authority may order that the trustee must draw up a management plan for the management and use of assets and submit it to the custody authority for approval if, taking into account the quality and quantity of the assets and other factors, the Necessary. The management plan shall be drawn up in the light of the provisions of Articles 37 to 39 on the management of the assets.
If necessary, the asset management plan may be amended or supplemented.
Notwithstanding the provisions of this Chapter, where someone giving the other property as a gift or testament has at the same time ordered the disposal of property, these provisions shall be complied with.
However, the Court may, upon application by the guardian, decide that the property must be managed in accordance with the provisions of this law, if it is obvious that the provisions on the management of property cannot, by reason of changing circumstances or other reasons, be To serve the purpose of the donor.
A guardian of this age must ensure that the client is provided with care, care and rehabilitation, which is considered appropriate in view of the need and conditions of the principal's maintenance and the wishes of the client.
Before the trustee takes a decision on a matter falling within his/her duties, he or she shall inquire of the opinion of his client if it is necessary for this purpose to be considered important and the hearing may take place without any significant inconvenience.
Consultation is not necessary, however, if the client is unable to understand the meaning of the case.
If the client is a minor, the opinion of his guardian shall also be sought as provided for in paragraph 1.
An underage parent and a minor's guardian, acting as his guardian, shall be entitled to reimbursement of the necessary expenses from the age of the minor.
The guardian and the guardian, as provided for in paragraph 1, shall be entitled to reimbursement of the costs necessary for their clients and for the quality and breadth of their duties and the principal's assets. Reasonable fee. In addition to the premium, the guardian is entitled to receive special compensation for the need for the head of the principal, the special skill or the considerable amount of work required if the performance of the task by the guardian has been in the interests of the principal ). (11.02.2011/122)
The guardian shall not be entitled to the premium referred to in paragraph 2 if the income of the principal during the period for which the premium is charged are equal to or equal to the amount of the tax and the statutory contributions of the worker in charge of advances or advances; or Less than the law on income support (1412/1997) The annual level of the basic part of the income support referred to in Article 1 (1), (2003) , as amended by the referenda. The income of the head man shall be deemed to be all the proceeds of the money, such as pay, pension and other earnings, interest, leases, purchases and other income, as well as social benefits. (11.02.2011/122)
Notwithstanding paragraph 3, the guardian shall be entitled, notwithstanding paragraph 3, to the premium referred to in paragraph 2, where the fair value of the principal's assets, less than three times the basic amount of the income referred to in paragraph 3, exceeds the fair value of the principal. The annual level. The definition of assets does not take into account the residence of the client and the amount owed to it. (11.02.2011/122)
The size of the premium is laid down in more detail by the Government Decree. (11.02.2011/122)
The guardian shall be obliged to make good the damage he or she has caused, intentionally or negligently, to his client.
The settlement of damages and the division of liability between two or more liable parties is valid, as provided for in Chapters 2 and 6 of the Act on Damage. If the law on the organisation of the protection of the interests of the guardian (443/1999) , in addition to the provisions of Chapter 3 and Chapter 4 of the Act on Damage, the liability of the general trustee has been responsible.
The client is not Article 1 of Chapter 3 of the Law on Compensation (3) to compensate for the damage caused by the trustee when acting on his behalf. (25.5.2007)
On the organisation of lobbying services 443/1999 Has been repealed by L for the organisation of lobbying services 575/2008 .
The guardian must supervise the activities of the trustee. The control belongs to the guardianship authority, whose jurisdiction lies in the home condition of the holder. (2013) Of the municipality.
Where there is no home municipality in Finland, the supervision belongs to the control authority in whose territory he resides mainly.
Where the interests of the deceased or of the future owner are subject to the right of access to the estate, the control shall be exercised by the guardianship authority which, under Article 1 (1), would have been competent to supervise the activity of the designated guardian. If any benefit is otherwise controlled under Article 10, the competent authority is the competent authority in whose territory the need for lobbying arises.
Subject to paragraphs 1 and 2, the obligation to supervise the activities of the guardian shall be exercised by the Helsinki Magistrates.
Paragraph 46 provides for the obligation of the Guarantor Authority to supervise the activities of the guardian, but also if the person who is the guardian of a foreign country is entitled to a place of residence in Finland. However, the authority may decide, on its own initiative or on the basis of an application by the guardian, that supervision is not organised in Finland or that supervision is organised only for certain tasks of the guardian if the activity of the guardian is supervised by a guest. In the State and in the interests of the principal, there is no need for supervision in Finland.
Without prejudice to the provisions of Article 46, where the trustee is entered in the Holhouse Register, the supervision falls to the guardian, which, according to Article 46, was obliged to supervise the activities of the guardian when the lobbying was entered in that register.
The control authority, under the control of paragraph 1, may transfer control to another custody authority, if the latter has an interest in the territory of the latter, or where the transfer is otherwise necessary. Surveillance. Prior surveillance shall be carried out in consultation with the guardian and the guardianship authority to which the supervision is to be delegated.
The decision to transfer control shall not be subject to appeal.
If it is appropriate to carry out the work of the guardian authority, a decree of the Ministry of Finance may provide that the guardian authority which, pursuant to Article 46 or Article 47, supervises the activities of the guardian, must be transferred to the Audit tasks to be performed by the second guardianship authority. The decree of the Ministry of Finance provides for a more precise definition of the audit functions and the control authorities, the number of audit tasks to be carried over each year, and the implementation of the transfer. Prior to the adoption of the Regulation, an opportunity to be heard shall be provided for both the transferring and the receiving caretaker authority of the audit mission. (9.11.2007)
Responsibility for monitoring will remain in place, despite the transfer, for the remainder of the controlling authority. The delegation shall be informed of the transfer of the audit function.
An authority which, under Articles 46 or 47, falls under the supervision of the activities of the guardian, may, on application or on its own initiative, decide that the supervision shall be terminated if the principal's habitual residence has moved to a foreign country and:
(1) supervision of the activities of the guardian; or
(2) Monitoring in Finland can no longer carry out the purpose of monitoring.
The decision to put an end to controls must be entered in the Register of Holhouts.
Within three months of the date of commencement of its duties, the guardian shall issue a list of the principal assets and liabilities of the principal to the guardian. The list shall also include the assets left under Article 38 (1) to be taken over by the client. If a client subsequently receives property which must be treated as a trustee, the list of assets obtained shall be given within one month of the amount of the property. However, the obligation to provide a list does not apply to a repetition of the repeated performance of the client on the basis of a listed right.
When a client becomes a member of the estate's estate, the guardian shall submit a copy of the withdrawal to the custody authority within one month after the date of delivery of the potato.
Paragraph 1 shall not apply to the parent of a minor who is the guardian, where the amount of the minor's property is limited. Upon application by the guardian or on its own initiative, the Guarantor may, after consulting the trustee, extend the period referred to in paragraph 1 if it is necessary for the amount of property or any other reason. (11.02.2011/122)
In the list referred to in Article 48, the trustee shall declare that the information he gives is correct and that he has not deliberately omitted any mention. The court or tribunal may require the guardian to confirm his declaration before a court under oath or by insurance if it is required by the Guarantor.
The guardian, whose duties consist of managing assets, shall be obliged to keep a record of the assets and liabilities of the principal and the events of the accounting year.
A guardian assigned to a task other than that of the management of property shall be obliged to keep such a record that he may make a statement on the measures to which he has taken office.
The guardian, as referred to in Article 50 (1), shall issue an annual account ( Annual accounts) . The control authority may decide that the financial year shall be a different period of one year from the calendar year if it is appropriate for the management of the assets and for the auditing of the accounts or the account.
The annual accounts shall be issued within three months of the end of the financial year. If the supervisory function has started in the second half of the financial year, the Guarantor may, on application by the guardian or on its own initiative, after consulting the guardian, decide that the account shall be given in the context of the following year. (11.02.2011/122)
If, in the event of illness, the extent of its mission or any other reason, the guardian is unable or unable to provide the annual accounts within the prescribed period, the Guarantor may extend that period.
The guardian is not obliged to provide an annual financial account for a minor benefit which has not been entered in the Register of Guardiantes.
The guardian, whose function shall cease or whose duties are to be limited, shall be obliged to submit without delay to the Guardianship Authority on the management of the transfer of assets from which no account has previously been given ( Closing stilll ). However, the guardian is not obliged to give a decision on the protection of minors, which has not been entered in the Register of Guardianers.
Where the list of assets or annual accounts shows that the principal has no assets or that the amount of the assets to be managed by the guardian is limited, the guardian may, on application by the guardian or on his own initiative, After consultation with the trustee, or for the time being, exempt the guardian from the obligation to issue annual or annual accounts for the year.
The release of an annual financial year or the extension of the financial year may also be granted if the property is of such a nature that the interests of the main man do not require the account to be taken on an annual basis or if the maintenance of the assets is guaranteed by the establishment of property on the subject from which: In accordance with the condition laid down in the contract of investment, it cannot be raised or transferred elsewhere and the conditions of the investment cannot be altered without the consent of the Guaranship Authority. The consent of the HolhousAuthority shall be subject to the provisions of this Act concerning the authorisation of the Guardient Authority.
The authority may amend its decision as referred to above, if it is justified by the need for supervision.
For the purposes of the annual and decision-making process, the necessary supporting documents shall also be submitted for inspection. At the end of the inspection, the supporting documents shall be returned to the guardian.
The guardian shall be obliged to maintain the supporting documents relating to the account until the time limit for bringing proceedings provided for in Article 61 (1) has expired or, if the action has been brought, until the case has been legally settled. After that, the client, his successors or the new trustee will have the right to take possession of the supporting documents.
The annual accounts and decisions shall be identified by the principal man's assets and liabilities at the beginning and end of the financial year, the changes taking place in the course of the financial year, the significant legal action on behalf of the principal and other similar measures to which: The trustee has taken possession of the property. This information must be provided in such a way that, on the basis of an account, the Caretaker Authority can control the management of assets and the management plan.
Account shall also be taken of the property which the trustee has entrusted with his client during the financial year.
Where the trustee is the parent, the spouse, the child or any other person close to him, the guardian may, on application by the guardian or on his own initiative, after consulting the trustee, decide that the property or a specific part of the The account shall be general if it can be considered sufficient to the quality of the assets to be treated. However, account must be taken of how the assets have changed during the accounting year. (11.02.2011/122)
On receipt of an annual or closing date, the guardianship authority shall, without delay, to the extent required by the good inspection procedure, verify the way in which the assets have been taken, whether the client is entitled to a reasonable amount of money, whether or not the trustee's fee is: The size of the order of magnitude and whether the account is properly drawn up. (11.02.2011/122)
The control authority may carry out a more general review of the account than provided for in paragraph 1 if, on the basis of the quantity or quality of the assets, or on the basis of other considerations, it is necessary to assume that the interests of the main man are not at risk. However, as provided for in paragraph 1, the first account submitted by the guardian shall be checked. (11.02.2011/122)
The guardian shall be obliged, upon request, to provide the guardianship authority with all necessary information, supporting documents and documents and to present the securities to be managed.
The amount of the State resources shall be replaced by the damage caused to the client by the fact that the audit referred to in Article 56 (2) has not detected any aspect which should have been observed if the account had been audited in accordance with Article 56 (1).
Where a trustee fails to provide an appropriate account, a list, a supporting document or a requested statement, or fails to make a management plan which the guardian authority has ordered to draw up, the guardian authority may order the guardian to: The failure of the measure and the decision to make it more effective, or at the risk of not doing so, to the detriment of the defaulter.
In order to implement the threat of commission, the guardian may, at the risk of the fine, oblige the guardian to hand over the supporting documents and documents necessary for the performance of the task.
The penalty payment and the threat of commission are otherwise in force, in the case of the (1113/1990) Provides.
Where the protection of the interests of the principal requires a measure which has not been taken care of by the trustee, the Court may, on application referred to in Article 72 (1) and (2) and (2) and (2), instruct the other guardian to take care of it. Accordingly, the court may order another guardian if the interests of the guardian are to be brought before the end of his or her duties as the guardian.
The guardian shall be obliged, without delay, to hand over the assets in his treatment to his client, the new guardian or any other person entitled to it.
Where the guardian's task ceases as a result of the death of the client and cannot be transferred without delay to the joint administration of the members of the estate, the trustee may release the assets to the shareholder of the estate which: In Chapter 18, Section 3, of the succession, Like the adjustability of the estate, you can take care of it. No later than seven days before the date of the release, the guardian shall inform all the members of the hive of the whereabouts of the assets whose whereabouts and identity are known. (11.02.2011/122)
When the task of the trustee has ceased and the control authority has checked the closing test, it shall communicate its observations on the account, together with a copy of the closing test to the person entitled to receive the property. The latter shall be entitled, upon request, to obtain from the trustee the supporting documents relating to the annual accounts and the closing stiles.
At the risk of the fine, the guardian may be required to show the supporting documents as provided for in Article 57.
A claim for damages, based on the activities of the guardian, becomes obsolete three years after the date of the release of the trustee authority in accordance with Article 60. However, in the case of a trustee within the meaning of Article 50 (2), the limitation period shall be calculated on the basis of a statement by the trustee within the meaning of that paragraph to the person who has been entitled to receive it.
If the claim for damages does not appear in the statement of the accounts or if the guardian has, other than in the interest of the interests of the guardian, caused damage to the client, the limitation period is in force, which of the law on the limitation period (728/2003) Provides. However, the compensation for damages shall expire no earlier than three years after the date on which the client has reached the age of 18 or no longer prescribed by the guardian.
An action for damages, based on a point on account of the account, cannot be raised if the person who has been entitled to receive an account is subject to the documents referred to in Article 60, having informed in writing that it accepts the activity of the guardian or Otherwise in writing, there will be no claim for compensation.
If the trustee is dead, the duties of the shareholders, the liquidator and the insolvency administrator shall apply mutatis mutandis, as laid down in this Chapter.
The person to whom the administration of the estate belongs shall immediately notify the guardian's death of the trustee and take care of the client's property for as long as it is in possession of the estate.
However, the provisions of paragraphs 1 and 2 shall not apply if the trustee has acted as a general guardian.
The Register of Holhouses is a national register which the Guardianship and the Office of the Regional Administration consider to be the guardian and the law governing the trustee (2006) And in the interests of the protection of third parties. The register shall include the identification and contact details of the guardian and his client or the authorised and authorised authority. In addition, the register shall include information on the limitation of the person's ability to operate, the content of the limitation of viability, the function of the guardian and the basis of the decision, or the content of the mandate, the inventory, the account, and The adoption and verification of the management plan, the decision on the authorisation referred to in Article 34 and the measures set out in Articles 57 and 60 of the Guardianship Authority. In addition, the register may include information necessary for the purpose of the register which are not personal data.
The control authority shall be responsible for updating the register of the register of interest representatives under its supervision. The requirement to correct the information in the register is presented to the guardianship authority, which supervises the role of the guardian in question.
The Office is responsible for the overall functioning of the Register of Guarantors and the integrity of the register.
The Holhouse Register may be transferred from the population information system to the person and other information necessary for the maintenance of the register, as well as the changes that have occurred in them.
The control authority shall decide on the registration of the data. However, the Registry of the Ministry of Finance, appointed by a decree of the Ministry of Finance, may authorise access to the register by means of a technical service to a State or a municipal authority, a Community or a trader who carries out his activities. Need a register of data for an acceptable purpose. Before granting an authorisation, the applicant shall provide proof that the data protection is properly protected. The data stored in the register shall be processed in accordance with the (523/1999) Provides.
The supervision or limitation of viability shall be entered in the Register of Holhouts when:
(1) a trustee is assigned to the majority;
(2) limitation of the viability of the adult;
(3) a person other than his parents is appointed as the guardian of the minor;
(4) Under Article 9, a minor is subject to a minor or a minor's incapacity pursuant to Article 19;
(5) a guardian is assigned to the absent or future owner;
(6) a person who is a trustee in a foreign country shall receive a place of residence in Finland, unless it has been decided that supervision of the activities of the guardian is not organised in Finland.
(3.9.2010/780)However, supervision does not appear in the Register of Guarantors if the function of the guardian does not cover the performance of the asset or the undivided hive.
Where the court takes a decision which makes it compulsory to register in the Register of Holhouts, or when its decision changes the state of affairs which has been entered in the Register of Holhouts, it shall inform the guardian of the To the controlling custody authority. However, if the decision is to be complied with only in force, the notification shall be made only after the decision has been taken. In the latter case, the notification shall be carried out by the court in which the case was last. (11.02.2011/122)
The decree of the Ministry of Justice may provide for more detailed information on the content of the notification and the notification. (11.02.2011/122)
Supervision shall also be entered in the Register of guardianies when the caretaker authority is informed that:
(1) the minor shall be a shareholder in the estate of the estate and his share of the estate's debts shall not exceed EUR 20 000; or
(2) the minor shall have the assets to be treated by the guardian, the amount of which shall not be exceeded by a minimum of eur 20 000.
The supervision of the interest of the minor shall be entered in the Register of Guarantors, even if the amount of assets or reserves is less than the amount referred to in paragraph 1, if there is a particular reason for it.
Under Article 66 of the Statutes Register, a minor-age lobby may be deleted from the register if the value of a colony or property referred to in Article 66 (1) of the minor has been permanently reduced to eur 15 000 or Smaller. However, it cannot be removed from the register if the loss of property has been caused by the activities of the guardian, which are not in the interest of the minor, or if there is otherwise a particular reason for the retention of the interest.
Subject to Article 68, each person shall have the right to have access to the register of guardianship, whether a person is under the supervision of a person, who is the guardian of a particular person, what is the function of the guardian and whether, and in what manner, Operational limitations. However, the identification code shall only be given to the person who needs it in order to fulfil its interests, rights or obligations.
Everyone has the right to be informed of the data relating to him in the Register of Guarancies, as provided for in the register.
The guardian has the right to be informed of any of the entries in the register relating to his/her lobbying function or to his client.
The State or municipal authority and the National Pensions Office shall have the right to obtain the information necessary for the performance of their duties in the Register of Guardianship.
The information entered in the Holhouse Register shall be kept for a period of ten years after the closure of the lobby.
After the closure of the lobby, the right of access to the Register of Guardianship under Article 67 (1) shall be limited to the person who needs to know his or her interests, rights or obligations.
A case concerning the appointment of a guardian or a restriction on the ability to act shall be initiated by the District Court.
Save as otherwise provided below, the competent court in the matter concerning the imposition or limitation of viability of the guardian shall be governed by: In Chapter 10 of the Court of Justice . (13/03/158)
The case concerning the appointment of a guardian to control the right of absence in the estate of the deceased must be brought before the District Court of its place, which is a legal court in matters relating to the estate. If the guardian of the law is otherwise required under Article 10 of this Act, the case must be brought before the District Court in which the absence of property in the tachograph is property or in whose jurisdiction the need for lobbying has otherwise occurred.
If, otherwise, there is no court in Finland where a case could be brought, the case may be initiated in the Helsinki District Court.
Where an application is made for a trial by a guardian, the case may also be initiated in the District Court in which the trial is pending or is pending.
An application to limit or limit the eligibility of a guardian may be made by the guardian or by the guardian, the parent, the spouse, the child or any other person close to him.
A case concerning the appointment of a guardian to a minor may also be initiated by the statutory guardian and the Social Welfare Act (710/1982) § 6 Of the institution.
Where the guardian is necessary to supervise the rights of the holder of the deceased or of the future owner in the estate of the estate, the executor, the other administrator, the executor or the executor shall make an application to the district court for the purpose of determining the guardian. The executor or executor may, mutatis mutandis, submit an application if the appointment of the guardian is necessary for the supply or distribution of the estate. If the absents are otherwise required, the application may be submitted not only to the persons referred to in paragraph 1, but also to the person whose interests or rights are concerned.
A case concerning the appointment of a guardian to a minor shall be an opportunity for a minor guardian and a minor who has completed 15 years of age to be heard.
In the case of a full-time worker, the person whose interest is to be controlled and, in the light of the circumstances, is manifestly unnecessary, his spouse must be given an opportunity to be heard.
If the person whose interest is to be controlled has given the authorisation and the appointment of the guardian may lead to a complete or partial cessation of the authorisation, an opportunity shall be given to the delegate to be heard. (25.5.2007)
However, the opportunity to be heard does not need to be reserved if the notification of the hearing of the hearing should be provided In Article 9 of Chapter 11 of the Court of Justice By the Court of Justice. (25.5.2007)
If, in the event of a hearing, the notification of the hearing has not been communicated to the person whose interest is to be controlled, service shall be effected on the basis of Article 82. However, if the appointment of a guardian is not necessary for the purposes of legal certainty, consultation may be waived. (25.5.2007)
In the case of a restriction on the validity of the action, the Court of Justice shall personally consult the person whose interests are at stake. However, the matter may be resolved without hearing him personally, if the application is immediately rejected as unfounded or if the hearing is impossible or unacceptable to him because of the condition of the hearing.
Paragraph 2 has been repealed by L 25.5.2007/649 .
The Holhouse Authority shall be given an opportunity to be consulted on the matter of the appointment of the guardian or limitation of the eligibility of the guardian, if the opinion of the Guarantor Authority does not appear in the file of the application.
However, consultation with the guardian may be waived in the case of the appointment of the guardian if there is no need for a consultation.
Where, in the case concerning the imposition or limitation of the eligibility of a guardian, it is necessary to hear personally the person who, pursuant to Article 72, has the power to speak, is subject to In Chapter 12 of the Court of Justice Provides for the order of the party concerned to appear before the court in person.
Where the consultation referred to in paragraph 1 is not available without significant difficulty, the hearing may be submitted outside the main proceedings, or if there is another specific reason. (25.5.2007)
In the case of the appointment of the guardian, the court may entrust the guardian to a task which has not been requested in the application and, in the course of the limitation period, may limit the application for more or otherwise If, pursuant to Article 8 or Article 18, this is deemed necessary to protect the interests of the principal.
On its own initiative, the Court of Justice shall, on its own initiative, provide for the Court of Justice to determine, on its own initiative, all the information necessary to resolve the matter.
An interim order may be issued by the court in a case concerning the imposition or limitation of the capacity of the guardian. If there is no delay, the order may be issued without consulting the person whose interest is concerned and the other persons referred to in Article 73. The provisional provision shall remain in force until a decision is issued by the Court of Justice, unless it is withdrawn or amended.
The interim order shall not be subject to appeal.
The Court's decision on a matter concerning the imposition or limitation of the capacity of the guardian may be challenged by any person who, according to Article 72, is entitled to initiate the proceedings.
The provisions of Articles 69 to 80 shall apply mutatis mutandis, mutatis mutandis, in respect of the release of the guardian or of the modification or termination of his/her duties, as well as in the case of the removal of the limitation of viability Or amendment.
The case referred to in paragraph 1 shall be subject to an opportunity for the guardian to be heard. However, a temporary order may be given without reservation to the guardian if it cannot be delayed. Moreover, the opportunity to be heard does not need to be reserved if the notification of the hearing of the hearing should be provided In Article 9 of Chapter 11 of the Court of Justice By the Court of Justice.
In the cases referred to in this Chapter, the Court may, on its own initiative, order the person concerned or the guardian to whom the application relates, if that is necessary for the purposes of this legal protection, on its own initiative.
The fee and reimbursement of costs referred to in paragraph 1 shall apply mutatis mutandis, as provided for in Article 44 with regard to the guardian. (25.5.2007)
The decision of the District Court concerning the appointment or release of a guardian or of a limitation of the activity of a person shall be respected, even if the decision has not received the force of the law. The same applies to the decision of the District Court in which the role of the guardian has been changed, unless otherwise specified in the decision. (25.5.2007)
The decision to be taken by the Court of Appeal in the case referred to in this Chapter shall be complied with, even if it has not obtained the force of the law, unless the court of appeal has otherwise decided otherwise.
Where the court or the Supreme Court restores the case for a new treatment, it may order that the trustee's order or the limitation of viability shall remain in force until such time as the court to which the case has been referred has settled or issued A temporary order.
The Ministry of Justice shall be responsible for the content of the operation and its development. Administrative control and development of the Holhousauthorities is part of the Ministry of Finance. (9.11.2007)
The Holdelusional Authority acts as a master's.
In the province of Åland, the responsibility of the caretaker authority is exercised by the provincial government.
The decision on the appointment or release of the guardian or the modification or termination of his/her duties and the issue of an authorisation or an obligation under this law shall be decided upon in the custody authority. Otherwise, the case shall be settled in the custody authority, as provided for in the case-law of the Register of Magistrates.
Subject to the provisions of this Act, administrative law shall apply to the handling of the case and the aesthetic of the official.
Charges shall be levied on the control of the HolhousAuthority as provided for in the State Payment Act (150/1992) Provides. However, in an individual case, the Guarantor may order that it does not charge a fee if, in the light of the income and assets available, the obligation to pay has been substantially reduced, taking into account the maintenance obligation, unemployment, In the event of illness or other specific cause, or if the recovery of the charge would be disproportionate.
Under Article 12 (1) of this Act, when a guardian has been asked to order the guardian pursuant to Article 12 (1) of this Act, or to order the guardian to resign pursuant to Article 17 (4), the guardian must: To hear personally the person whose interests are at stake. The Holhousauthority may require the applicant to submit a medical opinion to the caretaker authority on the matters relevant to the decision.
The hearing, which is referred to in paragraph 1, may, if necessary due to long distances or other reasons, may also be carried out in such a way that an official of another guardianship authority submits a hearing or that a technical device is used for the hearing, which With the help of the official and the competent authority of the decision-making authority during the hearing. The requested caretaker authority is obliged to reimburse travel expenses incurred by the hearing. (11.02.2011/122)
The decision of the Guarantor, concerning the appointment of a guardian or the release of a guardian, must be complied with, even if the decision has not been given any legal force. The same applies to the decision of the Guarantor Authority, in which the role of the guardian has been changed, unless otherwise specified in the decision.
In accordance with Articles 34 and 57 of the Holhouse Authority, an appeal may be lodged by the appeal to the administrative court, as in the case of administrative law (18/06/1996) Provides.
Any other decision of the Authority may require an adjustment as provided for in the Administrative Act. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
The decision of the Guarantor to determine the function of the guardian pursuant to Article 15 (3), the release of the guardian pursuant to Article 16 (3), the appointment of the guardian pursuant to Article 16 (3). Cease, pursuant to Article 17 (4), the settlement of mutual disagreement between interest representatives pursuant to Article 30 (3), the extension of the period referred to in Article 48 (3) or the date of completion of the accounting obligation referred to in Article 51 (1) to (3); Shall not, however, require any adjustment or appeal.
L to 10/2015 Article 87 will enter into force on 1 January 2016. The previous wording reads:
The decision of the Court of Justice shall be appealed against the administrative court, as in the case of the administrative law (18/06/1996) Provides.
The decision of the Guarantor to determine the function of the guardian pursuant to Article 15 (3), the release of the guardian pursuant to Article 16 (3), the appointment of the guardian pursuant to Article 16 (3). Cease, pursuant to Article 17 (4), the settlement of mutual disagreement between interest representatives pursuant to Article 30 (3), the extension of the period referred to in Article 48 (3) or the date of completion of the accounting obligation referred to in Article 51 (1) to (3); Must not be challenged.
In accordance with Article 15 (3) of Article 15 (3), where a guardian has been ordered by a guardian authority pursuant to Article 12, the guardian has been relieved of the task of the guardian pursuant to Article 16 (3), or ordered the guardian's task to cease Article 17 (4). , the applicant may refer the matter to the district court ( Request for solutions ). In the case of the imposition of a substitute pursuant to Article 12 (3), the decision may also be made by the client.
The request for closure shall be made within 30 days of notification of the decision of the Guarding Authority. It shall be submitted to the decision-making authority of the decision. The request for a decision shall be made in writing and shall indicate the decision of the Guardianship Authority to which the request for a decision relates, and to what extent and on what basis the decision maker is dissatisfied.
The request for a decision by the authority of the District Court referred to in Article 70 or Article 71 shall be submitted without delay. At the same time, the authority shall send a copy of its decision to the District Court, together with the documents submitted.
The procedure before the Court shall apply mutatis mutandis, as provided for in Articles 73 and 75 to 83.
The person under control shall be entitled to information on the self-contained information contained in the documents of the Guardianship Authority, as referred to in the law on public authorities' activities (18/09/1999) Provides. As a result of the death under supervision, his right-holder has the right to receive the information which should have been provided to the person under the supervision.
In matters relating to his duties, the guardian shall have the right to obtain the information to which the principal would be entitled, unless expressly provided otherwise.
Without the consent of its principal, the guardian has the right to open only such letters or closed messages that are received on the basis of the name of the sender or, on the other, on the basis of a particular circumstance, Of which the guardian must take care.
State and municipal authority and other bodies governed by public law, Social Insurance Institution, Pension Protection Centre, pension fund and other pension institution, insurance institution, bank or other financial institution, social or health care unit and healthcare The professional and the private social service provider shall, notwithstanding the provisions of confidentiality, be obliged to provide the authority and the court with the information and explanations necessary to resolve the pending case, and In addition to the custody authority, the information and reports which are: Necessary for the purpose of resolving the case of adult or child protection pending in a foreign country where the State authority has requested information under the Treaty. (3.9.2010/780)
The control authority or the court or tribunal may request an opinion from the Social or Health Service of the Municipality where it is necessary to obtain a report on the circumstances of the matter referred to in this Act. The request shall be made to the social or health institution of the municipality where the person concerned has a home municipality, or if he does not have a municipality of residence in Finland, where he or she resides mainly.
Where the provision of information or a report other than those referred to in paragraph 2 gives rise to significant costs or significant additional work to the obligation to provide it, a reasonable fee may be charged.
Anyone who has been informed of the person who appears to be in need of lobbying may, notwithstanding the obligation of professional secrecy, inform the depository authority. The notification shall be made to the guardianship authority in the territory of which the person concerned has a home municipality or, if he does not have a municipality of residence in Finland, to the control authority in whose territory he resides mainly. Upon receiving the notification, the guardianship authority shall take steps to establish the need for lobbying and, if necessary, submit an application to the District Court to determine the guardian.
The obligation of professional secrecy shall be governed by the provisions of the law on public disclosure. (25.5.2007)
The trustee, the person employed by the guardian of the guardianship service provider, the trustee and the expert who has been used in the task of guardianship shall not, without the consent of the person concerned, be free of charge on the basis of the function of the guardianship The information received, which must be kept secret in order to protect the private economic interest or privacy. (25.5.2007)
Paragraphs 1 and 2 shall not preclude the disclosure of:
(1) the authorities of the State or the municipality or any other person for the purpose of carrying out their duties under this law;
(2) the prosecutor and police officer for the purpose of investigating the offence;
(3) where necessary in accordance with this law; and
4) to the person who, under the law, is entitled to the information.
Penalty for breach of professional secrecy Chapter 38 of the Criminal Code 1 or 2, if the act is not punishable Article 5 of Chapter 40 of the Penal Code Or otherwise, the law provides for a heavier penalty.
Any refusal to provide information which he is required to provide under Article 90 shall be condemned: Infringement of the obligation to provide information provided for by the law of the guardianse Fine.
The prosecutor may not press charges for the offence referred to in paragraph 1, unless the State authority has declared it to be charged. (13/05/456)
Details of the financial instruments referred to in Article 34 (1) (13) (f) may be regulated by a decree of the Ministry of Justice.
The Finnish authorities shall be competent in the case of interest supervision if:
(1) the person concerned is habitually resident in Finland;
(2) the person whose interests are subject to the question of lobbying is without residence or residence in Finland; or
3) concerns property in Finland or representation of the client in Finland.
In addition to the provisions of paragraph 1, the Finnish authorities are competent in the case of a Finnish citizen who has his habitual residence in a foreign State where the matter cannot be settled in that State or that State Unreasonable difficulties and the need to resolve the matter in Finland.
The Finnish authorities are competent in relation to lobbying on behalf of a person whose whereabouts or identity is not known, if the case which the guardian has to deal with is such a connection to Finland, that there is a case here: Consider necessary.
Where there is an urgent need to monitor the interest of a person staying in Finland or who has a matter or property here, the Finnish authorities are competent to organise the lobbying.
The Finnish authority shall be competent to examine the case relating to the management plan, accountability and authorisation of the trustee and any other matter relating to the supervision of the activities of the guardian, if the supervision of the activities of the guardian is: The Finnish guardianship authority or, if this is the case, the time when the Guarantor Authority has to supervise the activities of the guardian.
The Finnish authority may, even if it is not competent under Article 95a, exempt from its task a guardian appointed by the Finnish authority as a trustee.
In exercising jurisdiction in the case of lobbying, the Finnish authorities are applying Finnish law. However, if there is a close link to a foreign country, the law of that State may, exceptionally, be taken into account if the interests of the person concerned are subject to the interest of the person concerned.
The question whether a party to a legal action is a minor and how it affects his legal capacity for legal action shall be governed by Finnish law if he/she has his habitual residence in Finland at the time of the legal action. If his place of residence is at that time in a foreign country, the law of the State which must be applied in that foreign country shall apply.
As for the question of who is immediately under the law or the expression of will, the guardian of less than 18 years of age and under what conditions such lobbying is immediately terminated under the law or wills, the law of the State which provides for: Convention 16 and 21 of 19 October 1996 on jurisdiction, applicable law, recognition and enforcement of judgments and cooperation in matters relating to parental responsibility and the protection of children Article.
The law of the State in which the principal has his habitual residence shall be governed by the law of the State in which the principal is referred to in paragraph 1. If the habitual residence moves to another country, its law shall apply.
However, the legal act in which the representative was represented by a person who had no representation in accordance with the law applicable to it is nevertheless valid if:
(1) the legal action was taken between persons within the territory of the same State;
(2) the representative was entitled to act as a representative under the law of the State in which the legal action was taken; and
(3) the other party of the legal act did not know and should not have known that the law of another State was applicable to representation.
The decision on lobbying in a foreign country, which is in force in that State, is recognised in Finland without any further confirmation.
However, recognition of a decision may be refused if:
(1) the decision was given in circumstances that the Finnish authority would not have had jurisdiction in similar circumstances;
(2) a decision has been taken against a person who has been left out or has not been informed of an application for challenge or has been informed thereof in good time and in such a way that he could have been prepared to respond;
(3) the decision contradicts the measure taken in Finland or the subsequent measure taken in a foreign country recognised in Finland; or
(4) the decision is contrary to the grounds of the Finnish legal order or contrary to a provision of Finnish law whose application is mandatory irrespective of the law otherwise applicable.
Upon application, the Helsinki District Court may decide whether a decision on lobbying in a foreign country is recognised in Finland.
L to 42/2015 Article 95j enters into force on 1 January 2016. The previous wording reads:
The decision on lobbying in a foreign country, which is in force in that State, is recognised in Finland without any further confirmation.
However, recognition of a decision may be refused if:
(1) the decision was given in circumstances that the Finnish authority would not have had jurisdiction in similar circumstances;
(2) a decision has been taken against a person who has been left out or has not been informed of an application for challenge or has been informed thereof in good time and in such a way that he could have been prepared to respond;
(3) the decision contradicts the measure taken in Finland or in another foreign State which was subsequently adopted in Finland; or
(4) the decision is contrary to the grounds of the Finnish legal order or contrary to a provision of Finnish law whose application is mandatory irrespective of the law otherwise applicable.
The Court of Appeal of Helsinki may decide on the application whether a decision on lobbying in a foreign country is recognised in Finland.
In a foreign country, the decision on lobbying in that State, which is enforceable in that State, is enforceable in Finland if the Helsinki District Court has, upon application, confirmed it here as enforceable. An enforceable decision may be refused on the grounds laid down in Article 95j (2).
L to 42/2015 Article 95k will enter into force on 1 January 2016. The previous wording reads:
In a foreign country, the decision on lobbying in that State, which is enforceable in that State, is enforceable in Finland if the Helsinki Court of Appeal has confirmed that it is enforceable here. An enforceable decision may be refused on the grounds laid down in Article 95j (2).
Where the decision on lobbying in a foreign country becomes applicable in Finland, the conditions for the application of the decision shall be governed by Finnish law.
The provision of a foreign law must be disregarded if its application would result in a result contrary to the grounds of the Finnish legal order.
Unless otherwise specified, the reference to the law of a foreign country does not include provisions falling within the international private law of the foreign law of the foreign State concerned.
The provisions of this Chapter shall be complied with only subject to the binding international obligation of the other law or Finland.
This Act shall enter into force on 1 December 1999.
This law repeals the patronage of 19 August 1898 (34/1898) With its subsequent modifications.
The cases pending at the entry into force of this Act shall be referred to the guardianship authority of which the municipality concerned belongs.
The court or tribunal shall consider a case in custody pending before the Court at the time of entry into force of this Act, even if this law does not belong to the Court.
This law shall apply to the matters relating to the guardraising operation prior to its entry into force:
(1) Vajaasians . Those who, at the time of the entry into force of this Act, are under-intensive, shall be subject to the provisions of this Act. With regard to the guardianship declared under its control, the Guarantor Authority shall, without delay, establish whether there is a need for a continuation of underpower and, where appropriate, an application for the organisation of lobbying as provided for in this Act.
(2) Guardians and trustees . As a result of the entry into force of this law, the guardian and the appointed trustee under the Guardianship Act shall apply to the trustee.
(3) Some pending cases . If a court or guardian of a guardian or a guardian or a trustee is pending before a court at the time of entry into force of this Act, the matter shall be dealt with accordingly. A limitation of the scope of action or an application for exemption from the appointment of a guardian or a guardian. Where an appeal is pending before a Supreme Court or Court of Appeal on appeal proceedings, the case shall be referred back to the District Court, unless the appeal is immediately declared inadmissible. When deciding on the return of the case, the court may order that the decision by which someone has been declared to be patronised shall remain in force until the Court has settled the case.
At the time of entry into force of this Act ( Previous law ) Shall apply after the entry into force of this Act:
(1) Pending applications for authorisation . If, at the time of entry into force of this Act, an application for a legal action to obtain the consent of the guardianship or court or tribunal is pending, the application shall be governed by the provisions of the previous law. However, the application shall lapse if, according to this law, the guardian does not require the authorisation of the guardian authority.
(2) Competence of the legal action . In assessing the validity of a legal action taken by a guardian or a trustee before the entry into force of this Act, the provisions of the previous law shall apply.
(3) Status of account . Holhousli, relating to 1999 or previous financial years, shall be issued with effect from the entry into force of this Act. However, in other respects the provisions of the previous law apply to the Holhoust and to its administration. If, pursuant to Article 51 (2) of the Holhouslaw, the court or tribunal has imposed a year longer, the order shall remain in force, notwithstanding the entry into force of this Act, unless the control authority decides otherwise.
(4) Enclosed lobbying activities . If the act of a guardian or a trusted man has been completed before the entry into force of this law, it shall be governed by an earlier law.
Where the law or regulation refers to an earlier law, the provision containing a reference shall apply after the entry into force of this law as follows:
(1) Provisions concerning the guardian and the trustee . The provision of a guardian or a trustee appointed under the law of the Guardianship shall also apply to a guardian, unless the law on the custody of the child and the right to meet (361/1983) Subject to paragraph 3.
(2) Legal effects of the measure taken by the guardian and the trustee . The law or regulation in the regulation concerning the legal effects of a measure or omission carried out by a guardian or a designated man under the Holhouslaw also applies to the trustee.
(3) Provisions relating to the declared declaration . The rule, which is declared to be patronised, applies to those who have been declared incompetent, in addition to the posters.
(4) Provisions concerning the vaporisation and the desulpt . The law or regulation in the regulation concerning a retard or a guardianship shall also apply to those who, under this law, are under-intensive.
(5) Provisions requiring full powers. Where the law or regulation is in possession of an authorisation, the exercise of the activity, the exercise of the activity or the operation of a measure, the condition that the person concerned is sovereign or controlling himself and his property, not the claim, The performance of the activity, operation or operation of the measure must not be regarded as precluding the relevant viability under Article 18 (1) (1) or (2), subject to the content of the restriction.
(6) Provisions concerning the HolhousBoard . The provision of the law or regulation in the custody panel shall apply mutatis mutandis to the ruling authority.
(7) Other references to the Holklaw . If the law or regulation has otherwise referred to a law which has replaced the provision of this Act, the corresponding provision of this law shall apply mutatis mutandis.
Before the entry into force of this law, the Maistraat shall be entered in the Register of Guardianship in custody of the existing guardianship and the activities of the trustee, the control of which belongs to the Registry upon the entry into force of this Act. The district court in which the HolhousBook is kept shall ensure that the necessary information is handed over to the magistrates and that the information to be released is correct.
The documents of the guardianship of the trustee and the acts of the trustee, which are necessary for the purpose of carrying out the duties referred to in Chapter 6 of this Act, shall be handed over to the Guardianship Authority of which The municipality concerned is. The municipality is responsible for handing over documents.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 146/1998 , LaVM 20/1998, EV 234/1998This Act shall enter into force on 1 January 2004.
This law also applies to compensation, which is based on the date of entry into force of the law.
THEY 187/2002 , No 278/2002,
This Act shall enter into force on 1 May 2005.
THEY 123/2004 , HaVM 25/2004, EV 235/2004
This Act shall enter into force on 1 November 2007. However, Article 47a shall enter into force on 1 July 2007.
When assessing the validity of a legal action taken before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
The decision of the Holhouse Authority, adopted before the entry into force of this Act, shall be subject to appeal and the application for appeal shall be processed in accordance with the provisions in force at the time of entry into force of this Act.
THEY 52/2006 , LaVM 29/2006, EV 288/2006
This Act shall enter into force on 1 January 2008.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 56/2007 , HaVM 5/2007, EV 51/2007
This Act shall enter into force on 1 January 2009.
THEY 45/2008 , LaVM 8/2008, EV 78/2008
This Act shall enter into force on 1 September 2009.
The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.
THEY 70/2008 , LaVM 16/2008, EV 5/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
The entry into force of this Act is laid down by a Council regulation.
The international competence of the Finnish authorities in the case of lobbying which is pending before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act. However, the Authority shall be competent to deal with the matter if it is competent under this law.
This Act shall not affect the validity of a legal action taken before the entry into force of this Act.
THEY 61/2010 , LaVM 13/2010, EV 108/2010
This Act shall enter into force on 1 April 2011.
This law shall not apply where the separation of assets is related to the law on the dismantling of unmarried partners (26/2011) , which expired before the entry into force of this Act.
THEY 37/2010 , LaVM 23/2010, EV 201/2010
This Regulation shall enter into force on 1 March 2011.
This Act shall enter into force on 1 May 2011. However, Article 44 (3) and (4) shall enter into force on 1 January 2013.
THEY 203/2010 , LaVM 28/2010, EV 251/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
This Act shall enter into force on 1 January 2014.
THEY 224/2010 , HVM 42/2010, EV 371/2010
This Act shall enter into force on 15 March 2014.
THEY 94/2013 , TaVM 38/2013, PeVL 43/2013, EV 4/2014, Directive 2011 /61/eu of the European Parliament and of the Council; (32011L0061); OJ L 174, 1.7.2011, p. 1
This Act shall enter into force on 1 January 2016.
Any action brought before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.
THEY 231/2014 , LaVM 34/2014, EV 340/2014
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
