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In accordance with the decision of the Parliament:
This law shall apply to the authorisation which the authorising officer has ordered to enter into force in the event of his being unable to take care of illness, mental impairment, deteriorating health or any other equivalent On their affairs ( Interest in lobbying ).
Authorised authorisation may be authorised to represent the authorising officer in matters relating to his or her property and other financial matters. The authorised representative may also be authorised to represent a delegate in matters relating to a person whose authority is not in a position to understand the meaning of the authority at the time when the authorisation should be exercised.
The authorisation may be limited to a specific legal action, matter or property.
The authorised person shall not be qualified on behalf of the authorising officer to consent to marriage or invalidity, to recognise paternity, to accept the recognition of paternity, to make or withdraw a will, or to represent the authorising officer in another such case, which: Is a personal one such as these.
The legal person cannot be designated as authorised under this law.
The delegate may be appointed by another authorised person in the event of an illness or aesthetic or otherwise temporarily prevented from doing so ( Vice-Commissioner ), or in the event that the authorised person does not accept, renounces it or becomes permanently prevented from doing so ( Deputy High Commissioner ).
The provisions of this Act shall be governed by the provisions of this Act, unless expressly provided for in this Act.
For the purpose of the power of attorney, the person who is able to understand the meaning of the power of power can be done for eighteen years.
A proxy for a lobbying mandate shall be made in writing. At the same time, in the presence of two witnesses, the authority shall sign the credentials or recognise its signature. Witnesses will then have to prove their credentials with their signatures. Witnesses must know that the document is a power of attorney for the trustees, but the authorising officer may not express their content.
In addition, the title shall indicate:
1) the purpose of authorisation;
(2) cases in which the authorised representative is authorised to represent the authorising officer;
(3) authorising and authorised; and
(4) a provision authorising the entry into force of the authorisation in the event that the authorising officer is unable to take care of his or her own affairs due to illness, mental impairment, deteriorating health or other comparable reasons.
Witnesses must indicate their date of birth and their contact details and the place and time of proving their signature. They must state that they have been present at the same time as the proxy. They shall also mark the capacity of the authorising officer to understand the importance of the power of attorney and other aspects which they consider to affect the validity of the power of attorney.
The certificate of proof that the credentials have been issued in accordance with the procedure laid down in Article 6 (1) shall be regarded as credible unless there are reasonable grounds for suspecting its reliability.
A proxy as a witness shall not be:
(1) a person who is younger than 18 years or who is not in a position to understand the importance of evidence for reasons of mental dysfunction or any other similar cause;
(2) the spouse of the authorising officer;
(3) the child, grandson, siblings, elder or grandparents of the authorising officer or his spouse, or the spouse of such a person;
(4) authorised or her spouse; and
(5) the person authorised or represented in the relationship referred to in paragraph 3.
In the first paragraph, 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 authorisation shall be granted by handing over the power of attorney to the authorised person or otherwise notifying the delegate.
The authorisation shall enter into force when it has been established in accordance with Article 24.
Notwithstanding the authorisation laid down in paragraph 1, the authorised person may, without prejudice to the authorisation, take measures which are necessary for the protection of the authorising officer.
The authorisation shall cease to be valid:
(1) when the authorisation is withdrawn or, if the withdrawal is effected after the entry into force of the authorisation, when the withdrawal becomes effective in accordance with Article 12 (3);
(2) when the authorising officer dies; or
(3) when the Delegate informs the guardianship authority of its mission.
Where the authorising officer is assigned a trustee, the authorisation shall cease to be valid for the purposes of the duties of the guardian to which the authorisation relates.
If the authorising officer is declared bankrupt, the effect of a legal action shall be the same as if the legal action had been carried out by the authorising officer.
However, even if the authorisation has ceased to be valid for the purpose mentioned in paragraphs 2 or 3, the authorised person shall, before the trustee or the administrator may take the necessary measures, shall, on the basis of the mandate, take care of such The measures necessary to protect the administrator or the bankruptcy of an accident.
Paragraph 21 (2) of Article 21 shall also apply to the cessation of the mission of the High Commissioner.
The authorisation not to withdraw the mandate is not binding.
The authority may withdraw the authorisation if he is able to understand the meaning of the withdrawal. The withdrawal shall be effected in such a way as to reinstate or dispose of the credentials. If the authorising officer gives a new authorisation, the earlier authorisation shall be deemed to have been withdrawn in so far as the new authorisation contains conflicting provisions.
Where withdrawal is effected after the date of entry into force of the authorisation, the withdrawal shall take effect when it is established in accordance with Article 28.
The person who, prior to the entry into force of the authorisation prior to the date of entry into force of the trustee, has notified the withdrawal of the authorisation, is not entitled to claim that the authorisation has not been revoked in accordance with Article 12 (2).
If, prior to the date of entry into force of the authorisation, the authorising officer has refused to authorise the authorised exercise of the authorisation or otherwise stated that he or she does not enter into force, the authorised legal act shall not be bound by the , if the third person knew or should have known that fact.
In addition, the withdrawal of the authorisation shall be subject to the provisions of the law on property law (228/1929) Articles 17 and 19 provide.
In its relationship with a third person, the delegate shall be immediately justified and committed on the basis of a legal act which, within the limits of the mandate, is authorised by the authorised representative.
A legal act for which the authorised person was not qualified shall not be bound by the authority.
Where an authorised legal act has acted in contravention of the instructions given to him by the authorising officer, the authorisation shall not be binding on the authorising officer if the third person knew or should have known that he exceeded his powers.
When acting on behalf of the authorising officer, the authorised person shall, acting on behalf of the authorising officer, take care of the rights of the authorising officer and shall contribute to his best interests.
Before taking a decision on a matter falling within his/her duties, he or she shall inquire as to the opinion of the authorising officer if it is necessary for this purpose to be considered important and the consultation may take place without any significant inconvenience. However, consultation is not necessary if the authority is unable to understand the meaning of the case.
The authorising officer shall keep the money and other assets separate from its own resources.
The authorised shall not represent the authorising officer if the counterparty is:
(1) by the authorised spouse or by the authorised representative;
(2) the child, grandson, siblings, elder or grandparents of the authorised or his spouse, or the spouse of such a person; or
3. The child of the authorised sibling or the older sibling.
In the first paragraph, spouses are defined as spouses and in a common household under marital conditions or in other relationships. The relatives are treated as semi-relatives.
Furthermore, the authorised representative shall not represent the authorising officer when the interests of the authorised and authorised authority may, other than that referred to in paragraph 1, conflict with each other.
Subject to paragraph 2, the authorised person shall not donate the property of the authorising officer.
The authorised person may give a gift on behalf of the authorising officer, whose award criteria are specified in the proxy.
The Charter may provide that the legal action taken by an authorised person shall be governed by the (442/1999) The provisions of paragraph 1 on the licensing of legal acts committed by the guardian. This provision may be limited to certain legal acts.
If there is a provision within the meaning of paragraph 1, the authorisation shall be applied to the custody authority which, pursuant to Article 29 of this Act, supervises the authorised activity. Otherwise, the provisions of Article 34 (2) and (3), Article 35 and Article 36 (2) of the Holhouette Act shall apply mutatis mutandis.
If it is expressly stated in the power of attorney that the authorised representative is allowed to sell or otherwise dispose of the property, apply for a mortgage or establish a lien on the property, the authorised representative shall be eligible to represent the authorising officer In these proceedings, notwithstanding the (540/1995) in Section 3 of Chapter 2 , Chapter 4, Sections 1 to 3, Article 4 (3) and Article 17 (2) of Chapter 17.
In matters covered by the lobbying mandate, the authorised person shall be entitled to take up the challenge notwithstanding: Article 16 of Chapter 11 of the Court of Justice (1) provides for.
The other rule, which limits the validity of the power of attorney, shall not apply to the authorisation.
Paragraphs 2 and 3 shall only apply unless otherwise specified in the proxy.
Where, for reasons of illness or aesthality or for any other reason, the authorised person is temporarily prevented from exercising his or her duties or appointed by the authorising officer, the district court or the approved authority, the guardian may order the guardian to: Under the authority of the authorised representative, which provides for the appointment of a substitute to the trustee.
The function of the trustee referred to in paragraph 1 shall cease when the trustee, together with the trustee, shall make a declaration to the guardianship referred to in Article 29. Where the delegate and the trustee disagree as to whether the role of the guardian has ceased, the District Court referred to in Article 70 or 71 of the law on the supervision of the guardian shall decide on either of the applications.
Where the authorised remuneration and the reimbursement of expenses have not been agreed or authorised by the authorising officer, the authorised person shall be entitled to receive, from the resources of the authorising officer, compensation for the necessary expenses and the quality and extent of his duties Premium.
The authorised person shall be required to pay compensation for the damage he or she has caused intentionally or through negligence on behalf of the authorising officer.
As regards the settlement of damages and the division of liability between two or more liable parties, the (412/1974) Chapters 2 and 6 Provides.
The contractor is not Article 1 of Chapter 3 of the Law on Compensation (3) to compensate for the damage caused by the authorised person acting on his behalf.
As regards the obligation to reimburse a third person to a third party, the damage suffered by the authorising officer by the authorised legal act is in force, as provided for in Article 25 of the Law on Property Law.
Upon application by the authorised authority, the authority shall confirm the authorisation of the interests if:
(1) carrying out the mandate of the authorising officer for eighteen years;
(2) the power of attorney is drawn up in accordance with Article 6; and
(3) the authorising officer is, in the main, unable to take care of the matters covered by the authorisation, because of sickness, mental illness, deteriorating health or other similar reasons.
However, the authorisation shall not be established if:
(1) it is apparent that, in making the power of power, the authorising officer was unable to understand the meaning of the power of attorney, or that the persons who were certified in the power of attorney were not eligible as witnesses under Article 8;
(2) there are reasonable grounds for suspecting that the alderman is incapacitated or unfit to act as a delegate; or
(3) the authorising officer shall have a trustee who is responsible for the matters covered by the authorisation.
The authorised authority shall present the original proxy to the control authority, as well as the medical opinion or any other reliable explanation of the condition laid down in paragraph (1) (3).
The validation of the supervision authorisation shall be sought from the control authority in whose territory the authorised representative is resident in the home (2013) Of the municipality.
If the authorising officer does not have a municipality of residence in Finland, the authorisation shall be sought from the custody authority in whose territory he resides.
Subject to paragraphs 1 and 2, an authority competent to confirm the authorisation shall be authorised by the Helsinki Magistrates.
The authority shall provide the authorising officer with an opportunity to be heard as a result of an application for confirmation of the authorisation. However, the opportunity to be heard does not need to be reserved if, according to the report referred to in Article 24 (3), the authorising officer is unable to understand the meaning of the case.
The authority shall reserve the opportunity for the spouse of the authorising officer to be heard as a result of the application, unless it is manifestly unnecessary in view of the circumstances.
The control authority may, where appropriate:
1) consult the authorised person in person;
(2) reserving to the parents, children or other dependants of the authorising officer to be heard; and
(3) require the authorising officer to submit a report on matters which may be relevant for the assessment of his capacity and suitability to act as authorised.
Where the authorisation of a representative concerns the representation of the authorising officer in his financial affairs, the Guarantor Authority shall certify that it is entered in the Register of Guardianship.
Articles 64 (2), 67 and 68 of the Law on guardianship, Articles 67 and 68, provide for information on the guardian, his function and the client, in accordance with the powers conferred on him by this Law, his mandate and his authority. Information.
Upon application by the authorising officer, the authority shall confirm the withdrawal of the authorisation if the authorising officer is able to understand the meaning of the withdrawal.
The withdrawal of authorisation shall be sought from the custody authority which, pursuant to Article 29, supervises the authorised activity.
If the matter is urgent, the guardian may, without prior consultation, confirm the withdrawal of the authorisation. The provisional decision shall remain in force until a final decision is taken, unless the decision is withdrawn or amended.
If the authorisation is entered in the custody register, the depository authority shall certify the withdrawal of the authorisation in the Register of Holhouses.
The HolhousAuthority shall supervise the authorised activities as set out below. Control belongs to the guardianship authority which has confirmed the mandate. If the authorisation has not been established in Finland, the control falls under the supervision authority which, according to Article 25, would have the power to confirm the authorisation.
The control authority which, under paragraph 1, falls under control, may delegate control to another custody authority where the latter has a home municipality within the jurisdiction of the latter, or if the transfer is otherwise necessary for the purposes of supervision. Prior surveillance shall be carried out in consultation with the authorised and guardianship authority to which the supervision is to be delegated.
If, within three months of the authorisation of the authorising officer's representation in this financial matter, the authorisation is to be represented by the authorising officer, a list of the assets and liabilities of the authorising officer shall: In respect of which he is authorised to represent the authorising officer. If, at a later date, the authorising officer receives property for which the authorised authority is authorised to represent the authorising officer, the list of assets obtained shall be given within one month of the amount of the assets. However, the obligation to provide a list does not concern the repeated performance of the authorising officer by virtue of the right to appear on the list.
If the authorising officer becomes a shareholder of the estate and if, according to the authorised authorisation, it is qualified to represent the authorising officer in matters relating to the estate, the authorised officer shall submit a copy of the withdrawal to the custody authority within one month from the date of the withdrawal; After the potato writing has been delivered.
Upon application by the authorised authority, the Holhousauthority may extend the period referred to in paragraph 1 if it is necessary for the quantity of assets or any other reason.
In the list referred to in Article 30, the authorised representative shall declare that the information he gives is correct and that he has not deliberately omitted any mention. The district court may oblige the authorised person to confirm his declaration in the District Court on the basis of an oath or a declaration, if required by the guardiant authority.
Where the authorisation of a representative relates to the representation of the authorising officer in his financial affairs, he shall be obliged to keep a record of the assets and liabilities of the authorising officer and the events of the financial year.
If the mandate concerns the representation of a authorising officer in non-financial matters, he shall be obliged to keep such a record that he or she may make a declaration of the measures to which she has taken on behalf of the authorising officer.
Where the authorisation of a representative relates to the representation of the authorising officer in his financial affairs, the power of attorney may stipulate that the authorised person shall, on a periodic basis, give an account to the guardianship. Such account shall apply mutatis mutandis, as provided for in Articles 51 and 53 to 56 of the Holhouse Act.
Although there is no provision within the meaning of paragraph 1, the Guarantor may ask the authorising officer to grant an account of his/her duties if there is reason to do so.
The authorised person shall be required, upon request, to provide the account and other relevant information, supporting documents and documents relating to the account referred to in paragraph 2, and to submit the securities to be managed.
If the delegate fails to provide an appropriate account, a list, a supporting document or a request for clarification, the coercive measures of the Guarantor Authority shall apply, as provided for in Article 57 of the Holhouns Act.
Upon expiry of the privileges of the authorisation, the authorising officer shall, without delay, surrender the proxy to the authorising officer, his trustee, the subsidiary or any other person entitled to property.
Where the authorisation ceases to be valid for the purpose of the death of the authorising officer and the assets cannot be transferred without delay to the joint administration of the members of the estate, the authorising officer may release the assets to the shareholder of the estate, which shall: (40/1965) in Chapter 18, Section 3 Like the adjustability of the estate, you can take care of it. The authorised shall notify the transfer of assets to all the members of the hive whose identity and whereabouts are known.
Unless otherwise specified in the credentials of the proxy, the authorised authority shall be obliged, without delay, to grant an account of his or her duties to the person entitled to receive the property. The latter shall have the right, upon request, to be authorised to see the supporting documents relating to the closing test and the accounts submitted to the Holhousauthority.
In the event of a fine, the authorised person may be required to show the supporting documents as provided for in Article 57 of the Hvahhouse Act.
Where the authorised person is dead, the duties of the members, the liquidator and the insolvency administrator of his estate shall apply mutatis mutandis, as provided for in this Chapter.
The person to whom the administration of the estate belongs must take care of the assets of the authorising officer for as long as it is in the hands of the estate.
The Finnish authority may establish a trustee if the authorising officer has his habitual residence in Finland. If the authorising officer does not have a place of residence in Finland, but the mandate concerns property in Finland, the Finnish authority may confirm the authorisation for this property. If, in accordance with the above, the Finnish authority is competent to confirm the mandate, it shall also be competent to register the authorisation in the Register of Holhouses.
The authorisation of representation on behalf of the authorising officer in this financial matter shall be entered in the Register of Holhouses, although it has not been established in Finland if the authorising officer has his habitual residence in Finland.
Where, pursuant to paragraph 2, the authorisation is entered in the Register of Holnants, the authorised officer shall be notified by the authorised authority to the control authority referred to in Article 29 (1).
The Finnish authority shall be competent in cases other than those referred to in Article 38, where:
(1) is habitually resident in Finland; or
2) the authorisation has been established in Finland and the examination of the case in Finland is considered appropriate to the circumstances.
In addition to the provisions of paragraph 1, the Finnish authority shall be competent in the case referred to in Article 21 (2) where the guardian has been designated in Finland.
The Finnish authority may decide to put an end to the supervision of an authorised person if he does not have a place of residence in Finland and does not have the kind of property he/she has to take care of in Finland. However, supervision must not be stopped if it poses a risk to the interests of the authorising officer. The decision to close surveillance shall be entered in the Register of Guardianers.
The existence, scope, amendment and termination of the authorisation of an authorisation shall be governed by the law of the State in which the authorising officer had his habitual residence, unless the authority authorised in writing The law of the State.
The authority may order that the law referred to in paragraph 1 shall be replaced by:
(1) the law of the State of nationality;
(2) the law of his former habitual residence; or
(3) the law of the State in which he has property in respect of that property.
Finnish law shall apply to the proceedings of the Holhouse Authority and the Court of Justice when dealing with the matter referred to in this Act and, mutatis mutandis, the manner in which the authorisation is exercised.
The reference to a foreign law under paragraphs 1 and 2 shall not include provisions falling within the scope of private international law of the foreign State concerned.
However, the legal act in which the authorising officer was represented by a person who did not have the power of representation under the law applicable to the authorisation of interests is nevertheless valid if:
(1) the legal action was taken between persons within the territory of the same State;
(2) the authorising officer 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 country was applicable to representation.
The confirmation of the authorisation or the withdrawal of the authorisation and the issue of an authorisation or an obligation under this Act 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 (2003) .
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.
The decision of the guardian or administrative court to establish the authorisation or withdrawal of the authorisation shall be complied with, even if the decision has not been authorised, unless the Court of Appeal decides otherwise.
The decision of the Holhousauthority shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides. 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 HolhousAuthority concerning the transfer of controls pursuant to Article 29 (2), extension of the period referred to in Article 30 (3) or, in the cases referred to in Article 33 (1), Article 51 (1) to (3) of the Holhoussion Act , may not, however, appeal against the date of appeal.
L to 909/2015 Article 43 shall 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 HolhousAuthority concerning the transfer of controls pursuant to Article 29 (2), extension of the period referred to in Article 30 (3) or, in the cases referred to in Article 33 (1), Article 51 (1) to (3) of the Holhoussion Act , shall not be subject to appeal.
Following the death of the delegate, his right-holder shall have the right to be informed of any information relating to the authorising officer in the documents of the custody authority, which (18/09/1999) Should have been entrusted to the authorising officer. The same right is the executor of the estate or the executor of the will, the administrator of which has the estate of the authorising officer.
Prior to the adoption of a mandate, a social or health authority or a health care professional, as well as a private social service provider and a private social service provider, shall be obliged to: Provide the Commissioner with the information and explanations necessary to establish whether, as referred to in Article 24 (1) (3), it has become incapable of taking care of the matters covered by the authorisation.
Where the authorisation is established, the authorised person shall have the right to obtain the information to which the authorising officer himself has the right, unless otherwise specified.
An authorised person shall, without the consent of the authorising officer, have the right to open only letters received from the authorising officer or equivalent closed messages which, on the basis of the name of the consignor or other specific circumstance, may be concluded, Is subject to a lobbying mandate.
State and municipal authority as well as other bodies governed by public law, Social Insurance Institution, Pension Protection Centre, pension fund and other pension institution, insurance institution, bank and other financial institution, social or health care unit and healthcare The professional and the private social service provider shall, without prejudice to the confidentiality rules, shall, at the request of the court, provide the authority and the court with the information and explanations necessary to resolve the pending case.
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.
Without the consent of the authorising officer, the authorised person shall not, on the basis of the mandate of the trustee, be informed of the information he has received, which shall be kept secret in order to protect the economic or privacy of the authorising officer.
The obligation of professional secrecy shall be governed by the provisions of the law on public disclosure.
Paragraphs 1 and 2 shall not preclude the disclosure of:
(1) to the authority of the State or municipality or to any other person for the purpose of carrying out his 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.
Any refusal to provide information which he is required to provide under Article 46 shall be condemned: Breach of the obligation to provide information under the law on lobbying Fine.
The prosecutor shall not press charges for the offence referred to in paragraph 1, unless the State authority has declared it to be charged. (13.5.2011/464)
The penalty for breach of professional secrecy is punishable under criminal law. (39/1889) 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.
More detailed provisions on the registration of the guardian authorisation in the Register of Guarantors, on the Court of Justice's obligation to notify its decision to the custody authority for the purpose of entering the register, and otherwise the implementation of this law shall: By a decree of the Government.
This Act shall enter into force on 1 November 2007.
The authorisation for which a proxy was made before the entry into force of this Act shall be governed by the provisions in force at the time of entry into force of this Act.
THEY 52/2006 , LaVM 29/2006, EV 288/2006The entry into force of this Act is laid down by a Council regulation.
THEY 61/2010 , LaVM 13/2010, EV 108/2010
This Regulation shall enter into force on 1 March 2011.
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 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