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Limited guardianship is a system in which adults who lack the ability to handle affairs due to mental limitations due to illness, disability, old age, or other reasons are provided with extensive protection and support regarding property management and daily life through a guardian appointed by the family court (see Article 12 of the Civil Act).
Limited guardianship can be requested to the family court by the principal, spouse, relative within the 4th degree of consanguinity, minor guardian, minor guardianship supervisor, limited guardian, limited guardianship supervisor, specific guardian, specific guardianship supervisor, prosecutor, or head of a local government.
The family court determines whether to initiate limited guardianship and the scope of the guardian's authority after reviewing the ward's condition and need for protection.
Limited guardianship may be initiated when a person lacks the ability to handle affairs due to illness, disability, old age, etc.
The court initiates guardianship to a more limited extent than adult guardianship, taking into account the degree of the ward's ability to make decisions and the scope of protection required.
When the family court appoints a limited guardian, the will of the limited guardian must be respected, and other circumstances such as the limited guardian's health, living relationship, and property situation, the occupation and experience of the person who will become the limited guardian, and the presence or absence of a conflict of interest with the limited guardian (if a corporation becomes the limited guardian, this refers to the type and content of the business and the presence or absence of a conflict of interest between the corporation or its representative and the limited guardian) must also be taken into consideration (Civil Act) Article 936, Paragraph 4 and Article 959-3, Paragraph 2).
Once there is a judgment on the commencement of limited guardianship, the family court can determine the scope of actions for which the limited guardian must obtain the consent of the limited guardian (Article 13 (1) of the Civil Act).
Therefore, a limited guardian can exercise the right to consent or represent the ward's legal actions within the scope set by the court. Unlike adult guardianship, the limited guardian is not involved in all affairs, but support is provided to the extent necessary for the ward.
When managing the property and protecting the person under limited guardianship, the limited guardian must take into account various circumstances and handle affairs in a way that suits the person's welfare. If it does not conflict with the welfare of the person under limited guardianship, he or she must respect the wishes of the person under limited guardianship. Additionally, the guardianship process will be supervised by the court.
Limited guardianship can be terminated when the ward dies or when the guardianship is no longer needed due to regaining capacity to handle affairs.