We stay by our clients' side until the end with our expertise in inheritance and household affairs.
Voluntary guardianship refers to guardianship based on a guardianship contract. In preparation for situations where an adult lacks or will lack the ability to handle affairs due to mental limitations due to illness, disability, old age, or other reasons, he or she entrusts all or part of affairs related to the management of his or her property and personal information to another person in advance, enters into a contract granting power of attorney for the entrusted affairs, and receives protection and support for affairs related to property management and daily life from the guardian appointed under the contract. It is a system (see Article 959-14, Paragraph 1 of the Civil Act).
Voluntary guardianship is achieved by signing a guardianship contract with a person who will become the guardian who will protect the person in the future when the person has the ability to make decisions.
The guardianship contract must be concluded with a notarized deed (Civil Act Article 959-14, Paragraph 2), and determines the scope of affairs related to property management and personal protection to be performed by the guardian. In addition, the guardianship contract must be registered, and the application for registration is made by the voluntary guardian (Article 20, Paragraph 2 of the Guardianship Registration Act).
The guardianship contract becomes effective from the time the family court appoints a voluntary guardianship supervisor (Civil Act Article 959-14, Paragraph 3). In other words, signing a guardianship contract does not immediately begin voluntary guardianship, but if a situation that actually requires guardianship arises after signing the guardianship contract, you can request the appointment of a voluntary guardianship supervisor at the family court.
When the family court appoints a voluntary guardianship supervisor, voluntary guardianship begins from then on, and voluntary guardianship performs guardianship duties within the scope set in the guardianship contract.
A voluntary guardian supports affairs related to property management and personal information of the ward within the scope specified in the guardianship contract.
Voluntary guardianship differs from adult guardianship and limited guardianship, where the court determines the scope of the guardian's authority, in that the ward can directly determine the scope of protection needed in the future and the role of the guardian.
Voluntary guardianship can be terminated by the death of the ward, termination of the guardianship contract, or a decision by the family court to terminate the guardianship.