Continuing Power of Attorney

A continuing power of attorney (edunvalvontavaltuutus) is a power of attorney prepared in advance by which a person authorizes another to manage their affairs if they become unable to make decisions themselves, for example due to illness.

A continuing power of attorney (edunvalvontavaltuutus) is a legal document by which a person prepares in advance for a situation where they cannot manage their own affairs. The person named in the authorization receives the right to manage the principal's financial and personal affairs. A continuing power of attorney is an important part of advance planning alongside a will and living will.

Drafting and Formal Requirements

A continuing power of attorney is drawn up in writing, and the principal must sign it in the presence of two simultaneously present witnesses. The witnesses must be disinterested — they may not be close relatives of the authorized person. The document names the authorized person and a substitute, and defines the scope of the authorization: financial matters, healthcare, or both.

Confirmation

The continuing power of attorney takes effect only when DVV (Digital and Population Data Services Agency) confirms it. Confirmation is sought when the principal has lost the ability to manage their affairs — for example, due to a memory disorder, accident, or serious illness. The application is accompanied by a medical statement about the principal's condition and the original authorization document.

Significance in End-of-Life Planning

Although the continuing power of attorney ends upon the principal's death, it is an essential part of comprehensive advance planning. During a serious illness, the authorized person can handle banking, bill payments, and official transactions on behalf of the incapacitated person. After death, the handling of affairs transfers to the estate shareholders and any estate administrator. More information about post-death procedures can be found in our estate inventory guide.

Frequently asked questions

How is a continuing power of attorney made?

A continuing power of attorney is drawn up in writing and signed in the presence of two simultaneously present witnesses. The principal must be at least 18 years old and legally competent. The document names the authorized person and defines the scope of the authorization.

When does a continuing power of attorney take effect?

A continuing power of attorney takes effect when DVV (Digital and Population Data Services Agency) confirms it. Confirmation is sought when the principal has lost the ability to manage their affairs due to illness, accident, or age-related debility. Merely drafting the document is not sufficient.

How does a continuing power of attorney relate to post-death matters?

A continuing power of attorney ends upon the death of the principal. After death, matters are handled by the estate shareholders and any appointed estate administrator. However, a continuing power of attorney is an important part of advance planning alongside a living will and a will.

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Sources

  1. Laki edunvalvontavaltuutuksesta 648/2007 – Finlex
  2. DVV – Edunvalvontavaltuutus