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Special representatives and administrators

To be appointed as special representative (conservator) is an assignment whereby the special representative performs tasks on behalf of someone. This assignment is important as it is founded on the belief that everyone in Sweden should have equal rights regardless of her/his capacity. Someone who has had a special representative or administrator appointed is called the principal.

The special representative can assist the principal with the payment of bills and taking care of things that he or she owns. But it is not always sufficient with a special representative to help an individual in a good way. If someone cannot take care of her/himself or her/his property, the district court can appoint an administrator. An individual with an administrator must, always or in some cases, have the consent of the administrator to conclude contracts or implement legal acts in other ways. An administrator consequently has sole control of the property subject to the administration.

When?

A special representative or an administrator may be appointed for an individual for many different reasons. Usually a person is in some way impeded from protecting her/his rights, administering her/his property or looking after her/himself. Everyday life can be easier for a person with a disability with a special representative who, for example, can attend to contacts with social welfare authorities and others. For many people a special representative or administrator may be vital for their lives, in order to reduce the harmful effects of substance abuse or illness. The person can then obtain assistance to deal with bills and the contacts with social welfare authorities.

How?

The municipal chief guardian (in some municipalities there is a chief guardians board instead) is responsible for the special representatives and administrators in the municipality. It is usually the chief guardian who applies for the appointment of a special representative or administrator for someone, on the initiative of the person her or himself or a relative. The district court then makes a decision. You can refer to the chief guardian in your municipality if you need support and assistance.

The decision about getting a special representative is voluntary, but the district court can also appoint a special representative for a person who, for example, is too ill to be able to make decisions her or himself. In this case, the court obtains a physician’s certificate that describes the health status of the person. The court can also speak with the person involved if such a person would not be harmed by attending the hearing and understands what the matter relates to.

Cessation

If a special representative is no longer required the representation shall cease. The decision on the cessation of such representative for someone who has been ill or for some other reason needed assistance to protect her/his rights is made by the district court.

A decision for the cessation of administratorship is also made by the district court. The same applies if the administratorship is replaced by special representation. However, if the principal dies the court does not need to make a decision to bring the administratorship to an end.

An administrator is entitled, upon request, to be released from her or his assignment. The chief guardian makes such decisions.

Who?

The person appointed as a special representative or administrator should be a just, experienced and otherwise suitable man or woman. A person who is a minor or who has an administrator her or himself may not be a special representative. There is nothing to prevent a relative being appointed as special representative for a person who needs this.




Senast ändrad: 2009-11-27

More information

If you need more information, refer to the chief guardian or the chief guardians board in your municipality.