Tehonimellisyys

Tehonimellisyys is a Finnish term that translates to "power of attorney" or "power of attorney for a specific purpose" in English. It refers to a legal document that grants one person, known as the agent or attorney-in-fact, the authority to act on behalf of another person, the principal, in various legal and financial matters. This authority can be broad, covering almost all aspects of the principal's life, or limited to specific actions or a defined period.

The creation of a tehonimellisyys typically requires a written document signed by the principal, often in the presence of witnesses or a notary public, depending on the jurisdiction and the nature of the powers granted. The principal must have the mental capacity to understand the document and its implications when signing it.

Tehonimellisyys can be established for different reasons. A durable power of attorney, for instance, remains in effect even if the principal becomes incapacitated. This is particularly useful for estate planning, allowing an appointed agent to manage the principal's affairs without the need for court intervention. A springing power of attorney, on the other hand, only becomes effective upon the occurrence of a specific event, such as the principal's incapacitation.

The agent has a fiduciary duty to act in the best interests of the principal and must exercise reasonable care and diligence in managing the principal's affairs. Breach of this duty can lead to legal consequences for the agent. The authority granted by a tehonimellisyys can be revoked by the principal as long as they have the mental capacity to do so.