varavaltuutettus

Varavaltuutettus, often translated as substitute power of attorney or proxy authorization, is a legal mechanism in many jurisdictions that allows an individual to appoint another person to act on their behalf in specific matters. This appointed person, known as the proxy or representative, is granted authority to make decisions and take actions as if they were the original individual. The scope of this authority can be broad, covering financial, legal, or personal care decisions, or it can be narrowly defined for a specific transaction or period.

The creation of a varavaltuutettus typically requires a written document, often a deed, which clearly outlines the powers granted and identifies the principal (the person granting the authority) and the proxy. It is crucial for the principal to have the mental capacity to understand the implications of granting such authority when creating the document. In cases where the principal loses capacity, the varavaltuutettus can become a vital tool for ensuring their affairs are managed.

Varavaltuutettus can be established to take effect immediately or upon the occurrence of a specific event, such as the principal's incapacitation. This latter type is often referred to as an enduring or lasting power of attorney. The proxy has a fiduciary duty to act in the best interests of the principal, exercising reasonable care and diligence in their role. Without a varavaltuutettus, managing the affairs of an incapacitated individual may require a court-appointed guardianship or conservatorship, a more complex and potentially costly legal process.