Future Power of Attorney

A future power of attorney is a new way to express how you want things to be if you become forgetful or lose the ability to express your wishes. By writing a future power of attorney, you can appoint a person to take care of your affairs if you can no longer do so in the future.

A future power of attorney comes into effect when the person can no longer take care of their own affairs. A future power of attorney is an alternative to appointing a guardian or a trustee. There are formal requirements for a future power of attorney. The person writing it must be of legal age and able to take care of your affairs. It must be clear that it is a future power of attorney, who is the attorney-in-fact and what affairs the power of attorney covers. The power of attorney must be witnessed by two people who are not themselves attorneys-in-fact. It may be a good idea to appoint a substitute for the attorney-in-fact.

The power of attorney can apply to both personal and financial matters. This could include ongoing financial matters, such as paying bills, managing assets that you have in the bank and taking care of contracts for electricity, rent or various subscriptions.

The attorney-in-fact has the right to perform the tasks you have described in the future power of attorney, but is obligated to act in accordance with your interests. The attorney-in-fact should strive to perform the assignment according to your explicit or presumed will and consult with you on important matters, if possible. What matters depend on the circumstances, but it could, for example, be questions about your housing, purchase or sale of property or changes to a stock portfolio. The attorney-in-fact may not make decisions in matters where there may be a personal interest in profit.

There is no control from society's side that an attorney-in-fact performs their assignment and acts in accordance with your interests. But you can appoint an auditor in the power of attorney yourself. Then you can set a condition that the attorney-in-fact should report their assignment to the auditor. If you have not appointed an auditor, your spouse, cohabitant or closest relatives can request that the attorney-in-fact submit reports, but no more than once a year.

Form Future Power of Attorney

You can always revoke the power of attorney yourself. If you have appointed an auditor, they can revoke the power of attorney. The power of attorney is not valid if a guardian or a trustee is appointed. There are special forms for handling future powers of attorney in bank and insurance matters. Many believe that they can write their future power of attorney themselves based on form proposals available online, while others prefer to get help from someone who is legally knowledgeable.

Guardian

People who have difficulty asserting their rights can apply to have a Guardian or Trustee appointed. This can affect care planning as the guardian represents the resident in certain matters. The district court gives powers and the business should consider informing and consulting the guardian on essential matters.

In the Parental Code, there are provisions on guardians and trustees. Anyone who needs help to, as it were, watch over their right, manage their property or care for their person as a result of illness or similar circumstances can have a Guardian or Trustee appointed by the District Court.

The Chief Guardian is an authority appointed by the municipality and supervises guardians and trustees. The County Administrative Board then supervises the Chief Guardian.

With a guardian, the individual still has the right to enter into contracts, incur debt and make a declaration of intent, that is, promise something, which has legal effect. A guardian is to be considered as voluntary help to the individual in cases where there are no obstacles to obtaining consent. Three different areas can be included in the guardian's responsibility. Watch over rights, manage property and care for the person. What is included should be clear from the order.

Trustee

A Trustee is a more intrusive form than a guardian. The trustee has the right to decide on the issues concerning the scope of the mission. The individual then has no right to decide within the Trustee's mission area. Authorities must therefore ask for the Trustee's consent before any decisions are made.

There is no statutory possibility to let relatives' opinions be legally guiding over various decisions concerning the individual. If there is no formally appointed representative, no one can act against the individual's will unless there is an emergency.

Application for Guardian or Trustee is usually preceded by a social investigation and a medical certificate. When guardians and trustees do not do their job, it has consequences for the elderly. For example, if medicines no longer arrive as they should, the chief guardian in the resident's home municipality is informed.

Interpreter

An interpreter is a right for the individual. Yet, interpreters are relatively rarely booked for nursing homes. The care must ensure that the resident can express their wishes and needs. Access to a knowledgeable interpreter can be life-determining.

Many who work in elderly care are multilingual. In parts of the country, there are residences with a linguistic focus. Such is Persikan, which is aimed at residents who have Persian as their mother tongue. Most common are Finnish-speaking elderly homes. For those who receive care and who do not understand the language, the business should book an interpreter as needed. The right to an interpreter is written in the Health Care Act and the Administrative Procedure Act. In the case of private operations, the right to an interpreter is often written in the supplier agreement.

Sometimes care allows a relative to interpret. That can be tricky. The resident may not want to tell everything to their relatives. The relative may not translate correctly which can lead to missed communication. A formal interpreter has a responsibility to translate what is said in a correct way.

There are interpreters with special knowledge, such as knowledge of medical terminology, but these are very few. There are special interpreters who can interpret sign language for the deaf. If the interpreter is not authorized for medical interpretation, the conversation should be conducted in regular Swedish. This means that technical terms are avoided. Authorized interpreter is a protected job title, unlike interpreter.

Interpretation can take place by phone and on site. In the largest immigrant languages, they can usually be booked even at short notice. For sensitive conversations, an interpreter on site can be essential. The interpreter should translate and convey everything that is said in the room. Confidentiality applies and the interpreter must be impartial and neutral to what is said.

Reflection - personal support
Care staff:
• What are the advantages of someone writing a future power of attorney?
• Do you have any residents who have a Guardian and does it work well?
• How do you handle situations where residents have difficulty making themselves understood?

Manager, nurse, occupational therapist and physiotherapist:
• Do you have routines for how to act when a person comes with a future power of attorney?
• Do you work in any particular way when it comes to people who have a guardian?
• Do you have routines for booking an interpreter?

Resident and relatives:
• Have you discussed future power of attorney or guardian?

Erland Olsson
Specialist nurse
Sofrosyne - Better care every day