Inheritance: The scope of future authorisation

Justices: Endresen, Matheson, Falch, Østensen Berglund, Steinsvik

A surviving spouse in control of an undistributed estate had authorised his two heirs to conduct his economic and personal matters from the time he himself was no longer able to safeguard his own interests. After the authorisation entered into force, the authorised persons requested distribution of the authorising person's estate. The court of appeal found that the authorised persons could request such distribution. The Supreme Court found like the court of appeal that distribution requested on behalf of an authorising person is a personal matter under section 80 subsection 1 of the Guardianship Act, but not a particularly personal matter covered by the limitations in section 80 subsection 3. The court of appeal had however based its ruling on an incorrect interpretation of section 86 subsection 1 of the Guardianship Act by not making an objective assessment of the competence of the authorised persons, as required by law. The court of appeal's order was set aside.