Protective measures:
- Judicial measures: guardianship and administration;
- Continuing power of attorney
Legal framework: Act (2017:310) on Continuing Powers of Attorney; Parental Code (Föräldrabalken, FB), Chapter 11, Section 4 (11 kap. 4 § FB) and Chapter 11, Section 7 (11 kap. 7 § FB)
Competent authority: District Courts; Chief-Guardian (överförmyndare);
Access requirements:
- A guardian or administrator can be appointed for an adult if the court determines they cannot manage their affairs due to health-related issues or addiction.
- The continuing power of attorney follows the same formal requirements as a will and can be revoked at any time.
Procedure:
- Initiation of Protection Measures:
- A guardian (god man) is appointed with the person’s consent (unless they cannot provide it).
- An administrator (förvaltare) is appointed by the court when full decision-making authority is needed.
- A continuing power of attorney is signed voluntarily and takes effect when the agent decides or when specified conditions are met.
- Supervision and Limitations:
- The chief-guardian monitors the actions of guardians and administrators.
- Certain transactions (e.g., real estate transfers) require the chief-guardian’s consent to be valid.
- The chief-guardian can restrict or revoke the use of a continuing power of attorney if the agent acts improperly.
- Termination of Measures:
- If a guardian or administrator is no longer needed, they or the vulnerable adult can apply to the chief-guardian for termination.
- Court decisions regarding guardianship and administration can be appealed to the district court under the Act (1996:242) on Court Matters.