TN 6 (09-97)
GN 00505.018 Legal Guardian in Scandinavia
Certain types of guardianship appointments in Scandinavia are based on a finding of legal incompetence. These types of legal guardians can be identified by the titles that appear on the appointment papers. No further evidence of incompetence is required when it is established that these legal guardianships exist.
If there is any reason to question information on appointment papers from these countries, forward the material to the Office of International Programs (OIP), Office of Foreign Program Policy (OFPP) for further investigation. Other countries will be added to this section as more information becomes available.
The title in Swedish that appears on the appointment papers for a legal guardian who acts only on behalf of an individual who has been adjudged legally incompetent is Formyndare . No further evidence of incompetence is necessary in these cases.
When the representative payee development is undertaken, the Federal Benefits Unit (FBU) will note if this title is shown on the appointment papers.
The title in Icelandic that appears on the appointment papers indicating that a legal guardian acts only on behalf of an individual who has been adjudged legally incompetent is skipadur logradamadur . This title is to be distinguished from logradamadur which is a different kind of legal guardian (such as a parent for a child who is a minor). Further evidence of incompetence is required if the title logradamadur appears on the appointment papers.
When the appointment papers are received, forward them to CTS to identify the title skipadur logradamadur, if they are not already translated.
D. Denmark, Finland and Norway
In these countries, the practices of the individual courts vary and the type of legal guardians appointed is not always based on a finding of legal incompetence. Therefore, where the appointment papers from these countries do not show a court finding of legal incompetence, other evidence of incompetence is required.