Edunvalvojan edustusvalta ja päämiehen itsemääräämisoikeus
Avainsanat:
Edunvalvonta, edustaminen, itsemääräämisoikeus, perusoikeusAbstrakti
Guardian’s authority and principal’s right to self-determination
According to Section 29(1) of the Finnish Guardianship Act,” [a] guardian has the legal authority to represent his or her principal in legal proceedings concerning the latter’s property and financial affairs.” The Act also provides the limitations to this general rule. The guardian holds apparent authority if the court does not stipulate otherwise when issuing the order, or unless otherwise provided by law. For example, the provisions of the Finnish Constitution can be seen as limiting the Guardian’s authority. In fact, in Finnish jurisprudence, there is a tendency for fundamental rights argumentation to be of increasing importance in resolving civil law issues. The author looks at the extent to which a guardian has, under such circumstances, the right to take binding legal action on behalf of the principal contrary to the latter’s will. In particular, the author discusses whether the principal’s right to self-determination limits the guardian’s authority when the principal’s legal competency has not been restricted.
The answer to the research question is de lege lata that a guardian can take binding legal action against the will of the principal even when the principal’s legal competency has not been restricted; in other words, the principal’s right to self-determination does not limit the guardian’s authority.
