A guardian is a legal representative appointed by a court ruling for a minor or an adult with restricted legal capacity.
The guardianship, or court ruling, takes effect from the moment it is communicated to the guardian.
A guardian is appointed for an adult with restricted active legal capacity on a temporary basis for a period of up to 6 months, or for a period of up to 5 years in the case of permanent restricted active legal capacity. After this period has elapsed, the court will reassess whether an extension of the guardianship is necessary. If necessary, the guardianship will be extended. If the need ceases to exist, a new court ruling shall be made terminating the guardianship. In the case of minors a guardian may also be appointed until the individual becomes an adult.
A guardian may be assigned to either manage all affairs or to perform specific transactions. The scope of the guardian’s duties depends on the court ruling.
Authorised acts are the result of a court ruling (resolution + explanations of the court), which has been digitally signed by the judge or a paper copy that has been stamped/signed by the court.
A guardian can be granted both custody over a person as well as custody over property.
Custody over property is required to represent you before a bank. Similarly to a power of attorney, a court ruling does not usually specify bank-specific activities, such as opening/closing a current account.
The guardian can perform all transactions on behalf of the account holder (unless otherwise specified in the ruling), including opening/closing an account, managing the account, entering into a debit card contract/teleservices agreement. The guardian is the client’s legal representative.
The guardian may only order a debit card in the name of the ward if the ward has been granted the right to carry out minor transactions by a court ruling or if the ward has been granted a certain monthly amount for free use by a court ruling (this amount must be specifically mentioned in the court ruling). The debit card limit must be within the amount set. The guardian cannot set a higher limit.
The guardian has the right to order a debit card in his/her own name.
The guardian must submit a court ruling to the bank on the basis of which the person’s legal capacity is restricted and a guardian has been appointed. The guardian must be a registered client of the bank and have a valid identity document. We also need to have a valid identity document for the ward, in order to carry out a transaction on behalf of the ward.
If the guardian is a local authority (rural municipality/city municipality), the following must be provided:
- Court ruling regarding the appointing of a guardian.
- A city/municipality order or power of attorney, with which official(s) is (are) appointed to exercise guardianship on behalf of the municipality. The order does not have to contain name or personal identification code of the ward if it will be submitted together with the court ruling establishing guardianship.
- NB! The representative appointed by the city or rural municipality is not a legal representative, but an authorised representative.
A court judgment/ruling appointing a guardian that has been issued abroad must be recognised by Harju County Court (the court will issue a separate court ruling regarding approval).
If a legal person has been appointed as the guardian, then the Bank shall accept the legal representative of the registered legal person as the representative.
If the court has not appointed a guardian for a minor without a guardian, the minor may be represented in the bank by a legal representative (rural municipality mayor, or mayor in the case of a city) or a person appointed (authorised) by the city or rural municipality government. The authorised person must submit a document certifying that legal acts have been carried out on behalf of the minor without a guardian, which must be in the form of an order (Order) or a power of attorney. The order shall be signed by the mayor and the city secretary or by the rural municipality mayor and the rural municipality secretary. The mayor or the mayor of the rural municipality signs the power of attorney.
NB! The caregiver is not the legal representative of the client. A foster care contract does not give the caregiver/person representing the foster family the right to represent the child placed in the foster family in banking transactions. The existence of such a right requires the submission of the aforementioned Order.
The digitally signed documents certifying the establishment or termination of guardianship must be sent to the Bank’s general e-mail address info@swedbank.ee.
NB! The Bank will not carry out transactions on the basis of a digitally signed guardianship document submitted to us on paper.