Being legally competent

In Sweden, the basic principle is that all adults are legally competent. A legally competent person is considered to have the ability to understand and make decisions about their rights and obligations in legal and judicial contexts. This also means that the person has the ability to take responsibility for their actions and the consequences of them.

For example, to be able to sign contracts, a person must be legally competent. This ensures that the individual will fulfil their commitments and follow the law in a responsible manner. To assess whether a person is legally competent or not, various criteria and standards are often used. The assessment is usually made by a doctor who evaluates the person's mental health and cognitive abilities.

A legally competent person is considered to be able to control their own life. For people who are not fully considered legally competent, there is the possibility for the court to appoint a representative for the person.

Guardian or administrator

In the Parental Code, there are provisions about Guardians and Administrators. Anyone who needs help to, as it is called, safeguard their rights, manage their property or care for their person due to illness or similar circumstances may have a Guardian or Administrator appointed.

The District Court decides on the guardian or administrator. These are under the supervision of the Chief Guardian. The Chief Guardian is an authority that is appointed by the municipality. Some County Administrative Boards then supervise the Chief Guardian.

Guardian

An important role in ensuring care and concern for people who cannot take care of their own rights or interests is the "Guardian". This term refers to a person who is appointed by the court to act as a legal representative for someone else.

To be appointed a "Guardian" is a responsible task, and the person assigned the role has a variety of tasks and obligations to represent and protect the person they represent. These people are often elderly, people with disabilities or people who, due to other circumstances, cannot take care of their own affairs.

One of the main tasks of a "Guardian" is to monitor and represent the individual's financial interests. This may involve paying bills, managing bank accounts, managing properties, etc. It is important that the person who is the "Guardian" has the knowledge and ability to handle these financial matters in an appropriate way and that they always act in the individual's best interest.

The "Guardian" must also have good legal knowledge and be well-read about the individual's rights and needs in order to provide the best possible support and represent the person in the best possible way.

It is also important to note that the role of "Guardian" involves a great responsibility and that the person appointed to this role must act in the individual's best interest regardless of personal preferences or emotional connections. It is a professional role that requires one to be objective and make well-founded decisions based on the individual's needs and desires.

To ensure that the "Guardian" carries out their assignment in a correct and responsible manner, there are rules and regulations that must be followed. There are also control mechanisms to monitor the protection of the individual's interests and that the "Guardian" fulfils their obligations. This can involve submitting annual reports and reports to the Chief Guardian or being subject to audit.

Administrator

An Administrator is a more intrusive form than a guardian. The Administrator has the right to decide in matters concerning the scope of the assignment. The individual then has no right to decide within the Administrator's area of assignment. Authorities must therefore ask for the Administrator's consent before any decisions are made.

There is no statutory possibility to allow the opinions of relatives to be legally binding 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. Neither relatives, Guardians or Administrators have the right to decide in medical matters.

Application for Guardian or Administrator is usually preceded by a social investigation and a medical certificate.

Consequences for the elderly if guardians and administrators do not carry out their assignments. If, for example, medication is no longer coming as it should, it is important to inform the Chief Guardian in the resident's home municipality.

Guardian or administrator is not responsible for

In Sweden, a guardian has an important task to represent a person who due to illness, disability or the like cannot safeguard their own rights and interests. The assignment is to ensure that the individual person's needs and wishes are taken into account. However, there are certain tasks and responsibilities that are not included in a guardian's assignment in Sweden:

Personal care and care: A guardian is not responsible for the personal care and care that an individual may need. This includes bathing, dressing and other activities that fall under the responsibility of care and nursing staff.
Health-related decisions: A guardian usually does not make decisions about medical treatments or care efforts. Such decisions are made by healthcare professionals or a legal guardian if the individual person cannot do it themselves.
Financial support: A guardian is not responsible for providing financial support to the individual person. This role is normally performed by social services or other authorities.
Citizenship and immigration issues: A guardian is not responsible for issues related to citizenship, residence permits or immigration. Such cases are handled by the Migration Board or other relevant authorities.
Crime protection and crime investigation: Protecting someone from crime and investigating crimes is normally not part of a guardian's assignment. These issues are handled by the police and the legal system.

It is important to note that a guardian has a specific and legal assignment to represent the individual person's rights and interests in legal and personal matters where the decision-making ability is impaired. Their main responsibility is to act in the best interest of the individual person.

Power of attorney for the future

In today's society, it is important that we think about the future and what can happen if we were to become ill or lose our ability to make our own decisions. To be prepared for these situations, Sweden has introduced something called "future power of attorney".

A future power of attorney is a legal document that allows you to appoint a person who will make decisions for you if you were to lose your decision-making ability. It can be about financial decisions, like managing your finances and paying bills, or personal decisions, like choosing housing or care.

There are various reasons why it can be good to have a future power of attorney. First, it gives you the opportunity to choose who will make the decisions for you. It could be a family member, friend or someone else you trust. By appointing a person in advance, you can be sure that it is someone who understands your wishes and will act in accordance with them.

The future power of attorney also gives your immediate environment the opportunity to act quickly if you were to end up in a situation where you can no longer take care of yourself. Without a future power of attorney, it may be more difficult for family and friends to help you and make decisions that are in your best interest.

Another advantage of a future power of attorney is that it can be adapted to your individual needs and wishes. There is no standard template for what a future power of attorney must look like, which allows you to decide which areas and decisions your power of attorney should apply to. In this way, you can be sure that it is your interests that are in focus even if you can no longer express them yourself.

It is important to remember that a future power of attorney is not the same as a general power of attorney. It does not give the person appointed any power over your life while you can still make decisions yourself. The future power of attorney only comes into effect when you lose your decision-making ability, which means that you have control over the decision-making process until then.

There are special forms for future power of attorney, but it may be a good idea to let someone knowledgeable in law look at the power of attorney so that there are no ambiguities.

In a time when diseases and accidents can affect us all, it is important that we prepare for future situations where we can no longer make our own decisions. A future power of attorney gives us the opportunity to appoint a person who can take care of us and our interests when we need it the most. Creating a future power of attorney is a simple decision that can give us security and safety for the future.

Reflection questions - decision-making ability
Care staff:
- Do you have anyone in your unit who has a Guardian?
- Does it work well?

Manager, nurse, occupational therapist and physiotherapist:
- Do you need to work in any particular way when it comes to people who have a guardian?
- On what grounds do those who live with you usually have a Guardian?

Residents and relatives:
- Have you thought about this with a Guardian or Administrator?

Erland Olsson
Specialist nurse
Sofrosyne - Better care every day