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Guardianship Services Act

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1NB: Unofficial translationGuardianship Services Act(442/1999)Chapter 1 — General provisionsSection 1(1) The objective of guardianship services is to look after the rights and interestsof persons who cannot themselves take care of their financial affairs owing toincompetency, illness, absence or another reason.(2) If the interests of someone need to be looked after in a non-financial affair,this shall be a task for guardianship services in so far as provided below.Section 2For the purposes of this Act, an incompetent person is defined as a personunder 18 years of age (minor) or a person who has attained the age of 18years (adult) but who has been declared incompetent.Section 3(1) The financial affairs of an incompetent person and his/her other affairsreferred to in this Act shall be managed by a guardian.(2) A guardian may be appointed in accordance with this Act also to a personwho is not incompetent, if the person needs support in managing his/heraffairs. If the appointment of a guardian is not sufficient in order tosafeguard the person’s interests, his/her competency can be restricted asprovided below.2Chapter 2 — GuardiansEligibilitySection 4(1) The custodians of a minor shall also be his/her guardians, unless otherwiseprovided below. However, a court may dismiss a custodian from his/her taskas guardian and, where necessary, appoint another person as the guardian ofthe minor.(2) An adult’s guardian shall be the person who has been appointed to the taskby a court or a guardianship authority.(3) A court or guardianship authority may appoint several guardians and, wherenecessary, decide on the division of task among them.Section 5A suitable person who consents to the appointment shall be eligible as aguardian. In the assessment of suitability, inter alia the skill and experienceof the nominee and the nature and extent of the task shall be taken intoaccount.Section 6(1) An incompetent person shall not be eligible as a guardian.(2) If the custodian of a child is a minor at the birth of the child, the custodianshall become the guardian of the child upon attaining the age of 18 years.Preconditions for the appointment of a guardianSection 7(1) If a minor or a person whose competency has been restricted lacks aguardian owing to the death of his/her guardian or another reason, a courtshall appoint a guardian for him/her.3(2) Where necessary, a guardianship authority shall file a petition with a districtcourt for the appointment of the guardian.Section 8(1) If an adult, owing to illness, disturbed mental faculties, diminished health oranother comparable reason, is incapable of looking after his/her interests ortaking care of personal or financial affairs in need of management, a courtmay appoint a guardian for him/her. Where necessary, a guardianshipauthority shall file a petition with a district court for the appointment of theguardian.(2) The guardian may be appointed if the person whose interests need to belooked after does not object to the same. If he/she objects to the appointmentof the guardian, the appointment may nonetheless be made if, taking his/herstate and need for a guardian into account, there is no sufficient reason forthe objection.(3) The task of the guardian may be restricted to cover only a given transaction,matter or property.Section 9A guardian may be appointed for a minor in accordance with section 8 asfrom the time when the minor attains the age of 17 years. In this event, thetask of the guardian shall begin when the minor attains the age of 18 years.Section 10A court shall appoint a guardian, if:(1) a deceased person has left an inheritance, and the identity orwhereabouts of the heir or beneficiary under a will is unknown, or theheir or beneficiary otherwise is not in a position to look after his/herinterests;(2) it is otherwise necessary to look after the rights or manage the propertyof an absent person;4(3) the ownership of given property depends on a future event, or thepossession and ownership of given property reverts to someone onlylater, so that a guardian is needed to look after the rights of the futureowner or manage the property on his/her behalf; or(4) it is stipulated in a deed of gift or a will that the property reverting tothe beneficiary shall be managed by someone else than the guardian ofthe beneficiary, and the appointment of a guardian to manage the saidproperty is in the best interests of the beneficiary.Section 11(1) If the guardian is temporarily prevented from performing his/her task owingto illness, a reason referred to in section 32(2) or (3), or another reason, acourt may appoint a substitute guardian.(2) The provisions in this Act on a guardian apply also to a substitute guardian.Section 12(1) In addition to a court, also a guardianship authority may appoint a guardian:(1) for a person whose competency has been restricted, if he/she has noguardian owing to the death of the guardian or another reason; and(2) for a person who is in need of a guardian under section 8 or 9.(2) In cases referred to in paragraph (1), it shall be a prerequisite for theappointment of the guardian that the person whose interests are to be lookedafter understands the significance of the matter and that he/she requeststhat a named person be appointed as the guardian.(3) In addition, under the circumstances referred to in section 11, theguardianship authority may appoint a substitute guardian upon the request ofthe guardian.Section 13(1) The petition for the appointment of a guardian in accordance with section 12shall be filed with the guardianship authority which supervises the activities5of the guardian under section 46 or 47. If the guardianship authority holdsthat the petition cannot be allowed, it shall upon the request of the petitionertransfer the matter to a district court, except if the petition is obviously ill-founded.(2) The decision of a guardianship authority concerning a petition referred to inparagraph (1) shall not be subject to appeal. However, a decision allowing thepetition shall be subject to appeal on the grounds that the petitioner did notunderstand the significance of the matter when filing the petition.Status of the wardSection 14The appointment of a guardian shall not disqualify the ward from selfadministering his/her property or entering into transactions, unlessotherwise provided elsewhere in the law.Termination of the task of a guardianSection 15(1) The appointment of a guardian shall be valid for the time being or


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