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Adult guardianship is a system to provide extensive protection and support for property management and daily life to adults who consistently lack the ability to handle affairs due to mental limitations due to illness, disability, old age, or other reasons, through a guardian appointed by the family court (see Article 9 of the Civil Act).
In the past, there was a system for incompetence and limited incompetence as a system for adults who needed help with their ability to handle affairs, but this system was limited to protection centered on property management and had problems such as the difficulty of actual supervision of the guardian's performance of duties.
The adult guardianship system was introduced to overcome the problems of the above-mentioned incompetent and limited incompetent systems. It provides a wide range of support not only for property management but also for personal matters such as medical treatment and residence determination, and has the advantage of making it possible to supervise actual guardianship work by the family court or guardianship supervisor.
Adult guardianship can be requested to the family court by the person, 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.
If a request is made, the Family Court examines the mental state and living situation of the person to be warded, and if necessary, determines whether to initiate adult guardianship after a doctor's evaluation.
In order for adult guardianship to commence, the person must be in a state of continuous lack of ability to handle affairs due to illness, disability, old age, etc.
The court does not simply determine whether a person has a disease or disability, but decides whether to initiate guardianship by comprehensively considering the person's decision-making ability and the need for protection.
When the family court appoints an adult guardian, it must respect the will of the adult guardian, and must also consider circumstances such as the adult guardian's health, living relationship, and financial situation, the occupation and experience of the person who will become the adult guardian, and the presence or absence of a conflict of interest with the adult guardian (if a corporation becomes the adult 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 adult guardian). (Civil Act Article 936, Paragraph 4).
Once there is a judgment on the commencement of adult guardianship, the person under adult guardianship will not be able to perform valid legal acts, and his or her penal acts may be revoked.
The adult guardian has the authority to manage the adult guardian's property and perform legal acts, and can also assist with personal affairs according to the court's decision. When managing the property and protecting the personal information of the adult guardian, the adult guardian must take into account various circumstances and handle affairs in a manner that is consistent with the welfare of the adult guardian, and must respect the will of the adult guardian unless it is against the welfare of the adult guardian. Additionally, the guardianship process will be supervised by the court.
Adult guardianship can be terminated when the ward dies or when it is deemed that guardianship is no longer needed because the cause for starting guardianship has ceased.