Criticism of the Chief Guardians Committee in Uppsala County for failing to apply for the appointment of a trustee for an individual deemed to be in need of trusteeship. Also certain observations concerning so-called professional trustees.

Summary of the decision: A healthcare facility reported to the Chief Guardians Committee that an individual receiving care there was in need of trusteeship. Despite the committee finding that the conditions existed to apply for trusteeship, the case was closed without any such application being made to the courts. The Chief Guardians Committee justified its decision by stating that the trustees whose services the authority engages are laypeople and could not be expected to have the necessary qualifications to handle the risks associated with the assignment. No attempt was made to recruit a suitable trustee. The Parliamentary Ombudsman criticises the committee.

In her decision, the Parliamentary Ombudsman notes that a chief guardian must apply for the appointment of a trustee if it becomes clear that the individual is in need of it. This obligation is linked to the need for trusteeship itself and the relevant regulations leave no room for the position the committee chose to adopt on the matter. She also emphasises that chief guardians have a far-reaching responsibility to ensure that the need for trusteeship can be met, and must make all reasonable efforts to recruit trustees regardless of the difficulty involved in the assignment. According to the Parliamentary Ombudsman, an application should have been submitted as soon as it was clear that trusteeship was needed, regardless of whether the matter of recruiting a trustee had been resolved.

The Parliamentary Ombudsman’s decision includes a number of observations concerning so-called professional trustees. Among other things, she acknowledges that chief guardians may have difficulty finding suitable trustees and that the case in question illustrates the risk that an individual will not receive adequate help and support. A copy of the decision has been sent to the Government for information.