The adult guardianship system is a legal system to support people with impaired judgment.For adults who, through this program, are unable to make appropriate decisions about themselves due to mental or physical reasons,The guardian provides assistance with legal actions and daily living.The primary role is to support decision-making regarding property management, medical care and long-term care.
This article provides basic knowledge about the adult guardianship system and how to use it.
People who should read this article
People who want to consider what to do if their cognitive abilities decline in the future.
I have heard of adult guardianship, but what is it? What is it?
People who are worried that their parents are too old to be scammed or something.
People who want to discuss estate planning but don't know who to talk to
Overview of Adult Guardianship System
What is adult guardianship?
The adult guardianship system protects individuals who are worried about making decisions on their own due to intellectual disability, mental disability, or dementia by assisting them in making various contracts and procedures, managing their property on their behalf, making necessary contracts, and canceling disadvantageous acts later, This is a system to protect and support the individual by assisting them in various contracts and procedures, managing their property on their behalf, concluding necessary contracts, and canceling disadvantageous acts afterwards. This system is,The goal is to provide the necessary support while respecting the rights of the individual.
legal guardianship
When a person's capacity to make decisions becomes insufficient, a guardian, conservator, or assistant can be appointed by the person, spouse, relative within the fourth degree of kinship, or mayor of the municipality (for those who have no relatives, etc.) by filing a petition with the family court.Appointed by the family court, the guardian (protector) provides legal support to the ward (principal).
- guardianship
Due to mental disabilityPersons who lack the capacity to make decisionsThe family court appoints a guardian for the ward. The guardian may perform all legal acts related to property on behalf of the ward,A ward's legal acts can be revoked later. Unlike curatorship and assistance, "all legal acts (contracts, buying and selling, etc., but excluding acts necessary for daily life such as buying daily necessities)" are covered. - conservatorship or curatorship of a state
Due to mental disabilityPersons with severely impaired capacity to make decisionsThe family court appoints a conservator for theConsent of the conservator is required for important legal acts concerning property that have been predetermined.and can be revoked later with respect to actions not consented to. - auxiliary
Due to a minor mental disorderPersons with insufficient capacity to make decisionsThe family court appoints an assistant to theFor certain important legal acts concerning property granted in the judgment of the family court,The consent of the assistant is required and can be revoked later for acts not consented to.
voluntary guardianship
This is a system under which the person whom the person has chosen in advance (voluntary guardian) decides in a contract (voluntary guardianship contract) what he/she would like the guardian to do on his/her behalf when he/she becomes concerned about making decisions on his/her own.
- The conclusion of a voluntary guardianship contract must always be done in a "notarized" form.
- Although it is not necessary to have the prescribed legal qualifications to be a voluntary guardian, lawyers, judicial scriveners, and administrative scriveners are often appointed.
- It can be an individual or a corporation, and more than one can be appointed.
Current Status of the Adult Guardianship System (2023)
- The total number of petitions filed for adult guardianship-related cases (commencement of guardianship, commencement of conservatorship, commencement of assistance, and appointment of voluntary guardianship supervisors) was 40,951 (39,719 in the previous year), an increase of approximately 3.1% over the previous year.
- The number of petitions for the initiation of guardianship was 28,358 (27,988 in the previous year), an increase of approximately 1.3% over the previous year.
- The number of petitions for the commencement of conservatorship was 8,952 (8,200 in the previous year), an increase of approximately 9.2% over the previous year.
- The number of petitions for the initiation of assistance was 2,770 (2,652 in the previous year), an increase of approximately 4.4% over the previous year.
- There were 871 petitions for a trial for the appointment of a voluntary guardianship supervisor (879 petitions in the previous year), a decrease of approximately 0.9% from the previous year.
(Source:Supreme Court, Overview of Adult Guardianship-Related Cases)
The current status of the adult guardianship system is becoming increasingly important as Japan's society ages. As the number of people with dementia, intellectual disabilities, and mental disabilities increases, this system is attracting attention as a system that supports people with impaired judgment and protects their rights, but some issues have also been pointed out. The following are the main features of the current situation.
Increase in users
The number of people using the adult guardianship system is increasing every year.The number of petitions to the family court is also increasing, especially among the elderly.
Burden of guardianship
Guardianship is often served primarily by family members, but in recent years, requests for "professional guardians" (e.g., attorneys, judicial scriveners, administrative scriveners) have been on the rise. In many cases, it is difficult for family members to serve as guardians due to the heavy burden on family guardians, especially due to the complexity of property management and legal procedures.
Risk of fraud
In part,Improper management and embezzlement of property by guardians has become a problem.For this reason, there is a need to strengthen the transparency and oversight of the guardianship system. Although there is a system of supervision and checks by the family court, further improvements are needed to maintain the proper operation of the system.
Dissemination of voluntary guardianship
The voluntary guardianship system allows a person to designate a trusted person as his or her guardian before the person's judgment deteriorates, thus enabling the system to better respect the person's wishes. However, the voluntary guardianship system is not a perfect solution for those who are unable to make a decision,The use of voluntary guardianship is still less common than legal guardianship, and the system is not yet widely used.
Strengthening the support system in the community
Each municipality is promoting the use of adult guardianship systems and developing support systems. For example,The "Adult Guardianship Support Center" has been established, and consultation services regarding the system have been expanded.In addition, the training of citizen guardians and the building of local networks are underway to strengthen the system of support throughout the community.
Future Issues
A major challenge for the future is to further disseminate the system, improve its credibility, and reduce the burden on guardians. It is also important to ensure that the system is widely understood and appropriately used by the general public through educational activities related to the adult guardianship system.
The adult guardianship system is expected to continue to strengthen its role as an indispensable support system in an aging society, but there is still a need to improve the system and strengthen the support system.
Adult guardianship and administrative scriveners
Gyoseishoshi Lawyers can play an important role in the adult guardianship system.In particular, Gyoseishoshi Lawyer is one of the professionals who provide expertise in various aspects of the adult guardianship system, including procedures related to the appointment of guardians, documentation in guardianship services, as well as support for counselors. Below is a detailed explanation of the relationship between Gyoseishoshi Lawyers and the adult guardianship system.
1. Assistance with the preparation of petition documents
In order to use the adult guardianship system, a petition must be filed with the family court, which requires the submission of many documents.Gyoseishoshi Lawyer can prepare and prepare the petition and necessary supporting documents (medical certificate, family register, etc.) on behalf of the client.For this reason, administrative scriveners can be a great help to those who find the paperwork complicated and difficult to understand.
2. Assistance with guardianship services
An administrative scrivener may provide assistance to a person appointed as a guardian in the preparation of necessary documents and procedures with respect to guardianship services. Specifically,We assist in the preparation of various documents to be submitted to the family court, such as property inventory and income and expenditure reports.For those new to guardianship, these procedures can often be burdensome, so the help of an administrative attorney can be helpful.
3. Assistance with voluntary guardianship agreements
In a voluntary guardianship program, the individual creates a contract in advance to designate a guardian whom he or she trusts. ThisGyoseishoshi Lawyer can also assist in the preparation of voluntary guardianship contracts.We make sure that the contract is legally appropriate and in line with the person's intentions, and assist in notarizing the contract at the notary public.
4. Activities as a Citizen Guardian
Some administrative professionals may also act as citizen guardians. A citizen guardian is a person who acts as a guardian in the community, rather than a family member or relative,Gyoseishoshi Lawyers can use their knowledge and experience to serve as citizen guardians.To act as a citizen guardian, one must complete a training course offered by the local government, and administrative scriveners are often considered suitable because of their expertise in guardianship.
5. Consultation services related to the guardianship system
Gyoseishoshi Lawyer also serves as a consultation service regarding adult guardianship.Many Gyoseishoshi Lawyer offices offer consultations on inheritance, wills, and guardianship, and provide advice to help users and their families understand the systems and use them appropriately.
summary
How was it?
The guardianship system is becoming an increasingly important system in Japan's hyper-aged society. It is important that society's understanding and legislation be improved in order to protect the lives of the elderly.
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