Administrators, guardians ad litem and continuing powers of attorney

Content on this page:

• Administrators
• Guardian ad litem
• Chief guardian
• Continuing power of attorney

Administrators 

If a person cannot take care of themself, a court may appoint an administrator (förvaltare) for them. This requires that the person, as a result of illness, mental illness, poor health status or similar circumstances, is unable to take care of themself or their property. An administrator may not be appointed if it would be sufficient to appoint a guardian ad litem (god man), or if the person could receive help in some other less intrusive way from for example a relative.

The administrator’s assignment must be adapted to the circumstances in the individual case. It can be limited to the administration of real property, such as a house, or a certain portion of the individual’s pension. The individual can then no longer decide about matters that fall within the administrator’s assignment, but in all other matters makes decisions about their own affairs. A person under an administrator always retains their right to vote in general elections. 

Before the court appoints an administrator, it must request a medical certificate or equivalent investigation regarding the individual’s state of health. If necessary, the opinions of the person’s closest relatives and the social welfare committee among others must also be obtained. 

The scope of the administration may be adjusted if circumstances change. The administration must be brought to an end if an administrator is no longer needed. 

An alternative to the appointment of an administrator is to appoint a guardian ad litem. The main rule is then that the individual retains the right to make decisions about their own affairs. The guardian ad litem must have the consent of the individual to be permitted to act in their place. 

Guardian ad litem

A guardian ad litem can be appointed to safeguard a person’s rights or in other ways help a person who needs assistance as a result of illness or the like. A guardian ad litem may also be appointed for a minor to replace a guardian who cannot or should not exercise their guardianship, temporarily or permanently. 

Children who come to Sweden without their parents and apply for a residence permit can be provided with a guardian ad litem to represent them and safeguard their interests during the period before a special custodian is appointed. In these cases, the guardian ad litem may act as both guardian and custodian of the child. 

A guardian ad litem may also be appointed in other cases, such as to safeguard the rights of an absent person, for example a missing person, or to take care of their property. 

Chief guardian

Administrators and guardians ad litem are subject to the supervision of the chief guardian (överförmyndaren). Provisions governing their administration and duty to report are largely the same as those applicable to guardians. 

Contact the chief guardian or the Committee of Chief Guardians in your municipality for more information.

Continuing power of attorney

A continuing power of attorney (framtidsfullmakt) is an alternative to a guardian ad litem or administrator, and a complement to ordinary powers of attorney.

Illness or poor health status can make it difficult for a person to care for themself and their finances. Before the situation has deteriorated to that extent, an individual may, by means of a continuing power of attorney, appoint someone who can take care of their personal and financial affairs in the event that they are unable to do so themself later in life. 

The continuing power of attorney comes into effect when the individual becomes unable to make their own decisions. It is the holder of the continuing power of attorney (proxy) who determines when this occurs. It is also possible to have the matter heard by a court. The proxy has a duty of good faith and consultation in relation to the individual, and the individual may appoint a special auditor who is entitled to request a report on the assignment. The chief guardian also has this right and is able to act if the proxy abuses their power.