How to obtain a guardian?
If you need a guardian yourself, or if you know someone who has an illness, injury, or disability that makes it difficult for them to manage their finances or rights, you can report this to the “statsforvalter” where the person resides. The “statsforvalter” can gather necessary information to assess whether the person can have a guardianship established.
Who can be a guardian?
To become a guardian, a person must be suitable for the specific guardianship task. What this entails can vary from case to case. Sometimes it can be a close associate, a family member, a friend, or a colleague. In other cases, there might be a need for a professional guardian. The person in need of a guardian, or their relatives, can suggest potential guardians.
Self-determination for the person with a guardian
The guardianship should be tailored to the individual's needs and desires. This means that the guardianship should not be more comprehensive than the help the person requires. It is a common misconception that those with a guardian do not make decisions about significant areas of their lives themselves. Typical guardianships are voluntary, and the guardian cannot do anything against the person's wishes. The principle is that the guardian should help strengthen the person's self-determination - the ability to decide over one's own life.
Ending the guardianship
The person who has a guardianship can ask the “statsforvalter” to terminate the guardianship. Since guardianship is voluntary, the “statsforvalter” will then revoke it. Other reasons for revocation might be that the person no longer needs it because they no longer require assistance or have found other ways to get help.
When someone is deprived of their right to decide for themselves
In some cases, it may be necessary to limit a person's right to manage their own finances and rights if their economic or personal circumstances could be significantly harmed. This does not apply to most guardianships. This type of guardianship, involving the deprivation of legal capacity, can only be imposed by the judicial system. The rules around this are strict. The court cannot deprive someone of legal capacity if the harm can be prevented in a less intrusive way.
About the role of guardian
Some need a lot of help from their guardian, while others may only need assistance with very specific tasks. A guardian has the authority to represent the person within the mandate given. However, it's important to remember that the person can make decisions and choices themselves. The guardian should not do anything against the person's wishes and should always consult them in significant decisions and when it's otherwise natural. The guardian should offer advice, guidance, and assistance when decisions are made. They can help and support fulfilling rights and duties, such as by entering into agreements, applying for welfare benefits, or managing finances.
Economy
As a general rule, the person with a guardian makes decisions about their own finances. A guardian can help with paying bills and managing finances, and it is usually the person what has a guardian who covers the guardian's compensation at fixed rates. At the same time, there are several control mechanisms in place to ensure that the person with a guardian can feel confident that their money is not being misused.
Right to appeal / Report of concern / Supervision
If you have a guardian, are a guardian, or are related to someone who has a guardian, you can appeal certain decisions from the “statsforvalter” to “Sivilrettsforvaltningen”.
If you are concerned about how a representative or guardian is performing their tasks, you can report this to the “statsforvalter”, preferably through a secure message on Altinn.
The “statsforvalter” supervises how guardians fulfill their duties. This ensures that guardians perform their responsibilities in accordance with the law, regulations, and decisions.
Children / Minors / Youth
All children and young people should have a guardian until they turn 18, but not all have parents with parental responsibility who can perform the guardian tasks. The “statsforvalter” will appoint a guardian for children if they are without parents or an effective guardian.
Asylum seeker / Refugee
An unaccompanied minor asylum seeker is a person under 18 years old who is seeking protection and is without parents or others with parental responsibility. The “statsforvalter” appoints a representative for these, who is a legal substitute for the parents, and who will make decisions that are usually the responsibility of those with parental authority. A representative does not have daily care but will look after the minor's legal interests and other aspects of parental responsibility.
Unaccompanied minor asylum seekers who are granted permanent residency will have a guardian appointed in place of a representative.
About guardianship authorities
The “statsforvalter” is the local guardianship authority, and the Norwegian Civil Rights Authority (Sivilrettsforvaltningen) is the central guardianship authority and appeals body.
If you have questions about guardianship, you can contact your local "statsforvalter". The "statsforvalter" establishes guardianship, appoints guardians, is responsible for training guardians, supervises guardians, and terminates guardianships.
Contact information for the guardianship authorities can be found on the "Contact Us" page.