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Förmynderskapsförordning (1995:379)

Original Language Title: Förmynderskapsförordning (1995:379)

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Contents of the regulation



section 1 of this regulation contains detailed rules on the



1. överförmyndarnas supervision of Trustees, executors and

managers and överförmyndarnas obligations,



2. överförmyndarnas table for supervisory activities,



3. authorized the County Board,



4. the County Administrative Board's supervision of the Chief guardians, and



5. the County Administrative Board's obligation to maintain statistics on

överförmyndarnas activities. Regulation (2014:1398).



Deputy accounting



section 2 of The list referred to in chapter 13. section 3 or in accordance with Chapter 14. 1 or 2 sections

parental code must contain the information necessary for

the chief guardian to exercise their oversight. It should always

include information on assets and liabilities, if the Special

the value of the assets, and if the lien in the property or leasehold. In a

list referred to in chapter 13. section 3 or Chapter 14. 1 § parental code shall

If possible also to be an indication of such property under

special management.



The list contains information on assets that the individual

by the Division of property, inheritance, succession or gift,

along with the list given in a certified copy of the Division-

or parcel deed, will or deed, if any.

Also copy of probate shall be submitted, if not previously

submitted to the chief guardian. If a document is comprehensive, need

copy include only such parts as the chief guardian may need.



3 § If two copies have been submitted by a list of property, a

the annual count, a guest Bill or a document in accordance with Chapter 15. 3 or section 8

the parental code, the chief guardian to guardian, trustee

or liquidator shall return one copy provided with proof

on the review. Such a certificate shall be issued in other cases,

If it is requested. The certificate shall indicate if the audit

led note or not.



section 4 If a condition stated in chapter 13. paragraph 2(2) of the parental

If special överförmyndarkontroll has been revoked or

the chief guardian under Chapter 13. first paragraph of section 9 of the parental code has

decided to överförmyndarkontrollen shall cease,

the chief guardian upon completion of review: preserve documents

guardianship until the minor has come of age.

The chief guardian shall fulfil his obligation under Chapter 16 of the.

8 § parental code to hand over the documents.



Opinions and intelligence in some cases



§ 5 If the chief guardian finds out that curatorship under Chapter 11. 4 §

the parental or stewardship either needed or no longer

needed, the chief guardian of the right to apply for the organisation or

termination of Deputy Presidency.



The chief guardian shall in particular examine all

stewardship in order to examine whether there are grounds to apply for

cessation of stewardship.



6 § When the chief guardian becomes aware that conditions have

changed so that another chief guardian according to Chapter 16. section 2 of the

Parental Code shall take over the control of a guardianship,

guardianship or trusteeship, chief guardian shall immediately send

of the Act concerning guardianship, good crew or stewardship

to the chief guardian who shall exercise supervision. To act shall

be accompanied by the particulars about guardianship, good crew or

stewardship in the register referred to in section 9. If a

particular case when the transfer is dependent on överförmyndarens

processing, shall be given an account of this.



section 7 of the chief guardian shall, at the request of the right comment on issues

concerning guardianship, curatorship and stewardship under

överförmyndarens supervision.



§ 8 the chief guardian shall, before 1 January of each year, inform the

the County Administrative Board if their reception time. Indication of the time of receiving the

shall also be provided at suitable place adjacent to the premises

where the chief guardian has its reception as well as posted on the municipality's

Message Board.



Överförmyndarens records



section 9 in order to fulfil its obligation under Chapter 16 of the. section 12

parental code to record each chief guardian transfer

a register of



1. the parental administrations where control measures under 13 or 15

Cape. parental code occurs, and



2. the representation referred to in chapter 14. Article 1, first paragraph

parental code.



The register shall also contain information on other

parental administrations under överförmyndarens supervision.



section 10 of the register every guardianship, curatorship and

stewardship is reported separately.



Appointed someone to the trustee for more absent in the same estate,

may be good teams are presented in context.



Curatorship under Chapter 11. 1 or 2 § parental code may be reported

together with the guardianship, if one is registered,

or with a previous guardianship or trusteeship.



Otherwise, the registry is arranged so that multiple representation

accompanied, if appropriate.



section 11 to show who is the court-appointed representative of a

single and on what basis Deputy Presidency rests, shall

the chief guardian submit an extract from the register, if requested to do so.

The statement shall be as set out in annex 1 to

This regulation.



Automatic data processing



12 § the Register referred to in section 9 may be proved by means of automatic

data processing.



section 13, Every chief guardian is the controller for its records.



section 14 the chief guardian may use the registry in their decision-making and

supervisory tasks according to the parental code and in its obligation to

inform the other authorities of the measures taken.



The registry may also be used for the production of de-identified

statistics and of an extract from the register under section 11 as well as for planning and

monitoring of operations.



section 15 of the registry may contain the personal data referred to in annex II,

to this regulation.



The register shall also contain the technical and administrative

information necessary to meet the purpose of the registry.



section 16 of the data referred to in paragraphs 1.6, 2.7 and 3.1 in

Annex 2 shall be pruned from the register within two years from the

financial statements under Chapter 13. section 21 or Chapter 14. section 23 of the

Parental Code shall have been returned.



Retention of documents, etc.



section 17 of all documents submitted to the chief guardian and

relating to a particular guardianship, curatorship or stewardship

shall be kept and merged into one act. This applies for example.

lists of property, annual and cash payments, statements,

data and applications.



In addition to the Act shall be accompanied by copies of the pleadings in the case, and

notes about the decisions and actions of the chief guardian that

not shown by any other act or by the registry. Such

notes should indicate the date of the decision or action.



Documents in the files shall be kept arranged in time sequence

or in any other appropriate manner.



18 § a single act may be added up when supervision refers to multiple

guardianship or curatorship within the same family. A single act may

also be added up when deputies knowledge according to section 10 of reported

together.



section 19 of the acts of guardianship, curatorship and the stewardship that has

ceased to be kept separately.



Competent County Administrative Board



section 20 information under Chapter 19. 5, 9, 10 and 17 of the

parental code is performed by



1. The County Administrative Board of Stockholm, when the chief guardian,

members of överförmyndarnämnder or replacement is

operating in a municipality, Stockholm, Uppsala, Södermanland,

Gotland or Uttaranchal,



2. The County Administrative Board in Östergötlands County, when the chief guardian,

members of överförmyndarnämnder or replacement is

operating in a municipality, Östergötland, Jönköping, or

Kalmar county,



3. The County Administrative Board Skåne County, when the chief guardian, members

by överförmyndarnämnder or replacement is active in a

municipality, Skåne, Kronoberg, or Blekinge County,



4. The County Administrative Board of Västra Götaland, once the chief guardian,

members of överförmyndarnämnder or replacement is

operating in a municipality in Halland County, Västra Götaland or



5. The County Administrative Board of Dalarna County, when the chief guardian,

members of överförmyndarnämnder or replacement is

active in the municipality in Dalarna, Värmland, Örebro, or

Gävleborg County,



6. The County Administrative Board of Västernorrland County, when the chief guardian,

members of överförmyndarnämnder or replacement is

operating in a municipality in jämtland County Västernorrland or,

and



7. the County Administrative Board of norrbotten, when chief guardian,

members of överförmyndarnämnder or replacement is

Active or in a municipality in norrbotten County.

Regulation (2012:364).



The County Administrative Board of supervision



section 21 of the provincial Government shall annually inspect the chief guardian.

The County Board may refrain from an inspection, if it is clear

that it is unnecessary. If the County Board waived a

inspection of a given year, however, the inspection shall be carried out

the following year.



During the inspection, County Board review on överförmyndarens

processing rules in the parental and this

Regulation and generally takes place in a legally secure and

appropriate manner. The County Administrative Board should always check the of

the chief guardian, conducted the register, partly at random selected

acts.



The County Board shall also inspect the chief guardian, if the

through information provided to the County Administrative Board or of any


otherwise, it appears that there is a particular need for a

inspection. Such inspection shall be conducted so that the

meet the purpose of it. Regulation (2012:364).



section 22 of the chief guardian shall provide the provincial government with the information

It needs to be able to exercise their oversight.

Regulation (2012:364).



section 23 of the County Board shall establish a record of

the inspection. The minutes shall indicate the acts

been reviewed. Regulation (2012:364).



section 24 Of the County Administrative Board in the examination finds reason to

direct observation on överförmyndarens treatment,

the complaint and the reasons for it shall be recorded in the minutes. If

the complaint concerns the conduct of a particular case, the

specified.



The County Board may impose on the chief guardian that within certain time

notify the County Administrative Board of the action taken

in response to a complaint. Regulation (2012:364).



Överförmyndarnas business statistics



section 25 of The county administrative boards which are competent to exercise supervision

under section 20 shall maintain statistics on överförmyndarnas

activities in the respective supervisory area.



Dalarna County Administrative Board shall keep such statistics on

the national level. Regulation (2014:1398).



section 26 of the chief guardian shall, as a basis for statistics according to

paragraph 25, annually the following information to

County Government:



1. the number of posts in annual working time of the chief guardian,



2. the number of representation and vicarious agents,



3. the distribution on different categories of representation,



4. the number of Deputies assignments for which fees are not included

out,



5. the total value of assets and income

aim of the municipality manages on behalf of their principals,



6. the number of registered guardianship and in how many of

These are present control measures under Chapter 13 or 15.

the parental code,



7. the number of deputies that dismissed without

good crew or stewardship at the ends,



8. number of guardianship or trusteeship expires because

the absence of Deputy and a new can not

appointed,



9. överförmyndarens total cost per

representation each municipality inhabitants,



10. the total cost of the ställföreträdarnas fee

and the distribution of costs between individual and community,



11. the number of accounting documents as chief guardian has

reviewed and how many of them have been without complaint,

and



12. other information on the activities that the County Board

request. Regulation (2014:1398).



paragraph 27 of the state provincial offices shall, as a basis for statistics according to

25 section, make the information provided according to paragraph 26 of

available to the County Administrative Board of Dalarna County.

Regulation (2014:1398).



Transitional provisions



1995:379



1. This Regulation shall enter into force on 1 July 1995, when

förmyndarvårdskungörelsen (1952:303) and överförmyndarkungörelsen

(1974:1047) shall cease to apply.



2. the duty of the chief guardian according to paragraph 2(3)

överförmyndarkungörelsen (1974:1047) to notify the right

valid as long as the case is dealt with by law.



3. överförmyndarens control of a parental management ends on

1 July 1995, the chief guardian upon completion of the review of the

the submitted accounting documents preserving these until the

minor has come of age. The chief guardian shall fulfil

its obligation under Chapter 16 of the. 8 § parental code to hand over

the documents.



Annex 1



EXTRACT FROM THE REGISTER OF REPRESENTATION



(according to § 11 förmynderskapsförordningen (1995:379)



Chief guardian (stamp) the appointment is effective as of



The dismissal comes from



Principal Person Number



Home Stay Address



Trustee/Custodian/Guardian: social security number



Address and telephone



Curatorship/stewardship according to:



The mandate includes:



Limitations:



Date Signature



ANNEX 2



Personal data that may be included in the registers kept by using

automatic data processing



1.1 the individual's social security number, name and address



1.2 the individual's telephone number and residence address



1.3 reference to hospitals or other health care facility



1.4 the relatives of the individual



1.5 why deputies appointed



1.6. The reason why the individual has not been able to give its opinion

personally in the case.



1.7 individual economic conditions that assets, liabilities

and income



2.1 the Guardian, guardian, good man and Manager's

social security number, name, address and telephone number



2.2 the appointment date and date of cessation



2.3 Appointment number



2.4 decision on consent for administrative actions



2.5 decision on remuneration and payment of expenses to the representative



2.6. Imposition of fines against representative and imposing

VITE



2.7 Why representative has dismissed



3.1 information reported under Chapter 16 of the. 10 § parental code



3.2. Decisions on sharpening spirit regulations or decisions to

dispensation from the requirements on reporting e. d.



3.3 date of inheritance in which the individual is a partner in