• Adult guardianship
  • Concepts
What is an adult guardian?

In spite of being an adult, if there is a problem in living a normal social life due to a lack of normal judgment ability
due to disability, old age, or other congenital reasons,
the court may appoint a guardian to support his or her legal activities.

Adult Guardianship

Persons who continuously lack the ability to handle office work due to mental restraints due to illness, disability, old age, or other reasons, that is, persons with severe mental limitations, are subject to adult guardianship.

Here, mental restraint include dementia, developmental disabilities, schizophrenia, intellectual disabilities, and other cases of brain damage due to accidents.
The degree of restriction should be such that the ability to manage affairs is continuously lacking.

For example, a state of unconsciousness due to a stroke, etc., or severe dementia to the extent that a person cannot recognize a family member or cannot come home alone, This includes people who are unable to engage in normal social or economic activities alone.

Limited Guardianship

Limited Guardianship is intended for those who lack the ability to handle affairs due to mental restraints due to illness, disability, old age, or other reasons.

Here, mental dementia, developmental disability, schizophrenia, intellectual disability, etc. are all included, and other cases of brain damage due to accidents are included.
Compared to adult guardianship, limited guardianship is for those with mild mental restraints becomes

It is similar to the previous civil law quasi-incompetent system. In the quasi-incompetent system, the “waste” of property was included, but in the limited guardianship system, this was deleted.
However, if the waste is due to mental limitations, it may be subject to limited guardianship.

Specific Guardianship

A specific guardianship is a system that is used when a guardianship is needed for a specific matter, not when a guardianship is required on a daily basis.
The target of this specific guardianship is a person who needs temporary support or support for specific affairs due to mental limitations due to illness, disability, old age, or other reasons.

In other words, specific guardianship is different from adult guardianship or limited guardianship, which presupposes continuous, non-specific guardianship, as it is subject to judgment on whether a guardianship is necessary for a specific matter.

In practice, when specific guardianship is raised, it is mainly for those who have a lower level of mental restraints than adult guardianship or limited guardianship.
For example, it is often raised for the guardianship function of a specific part, such as the management of a commercial building.

Voluntary Guardianship

Voluntary guardianship is guardianship according to the conclusion of a contract between the parties.
In other words, it is different from adult guardianship, limited guardianship, and specific guardianship, in which appointment is determined by the discretionary judgment of the court.

After the guardianship agreement between the parties has been concluded, if there arises a situation in which the ability to handle affairs is insufficient due to 'reason for requiring guardianship', that is, illness, disability, old age, or other reasons, guardianship according to the contents of the guardianship agreement this is done

However, at the time of concluding the guardianship contract, the guardian must have clear will.
In addition, the contents of the guardianship contract are usually to entrust all or part of the affairs related to the person's property management and personal protection to the person who will be the guardian, and to grant the agency for the entrusted affairs.
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Cases requiring the appointment of an Adult Guardian

  • 1. In case one of the family members has suffered an unexpected accident and their mental abilities have declined.

    ➥ It is agreed to appoint one of the family members as a guardian to solve problems such as property management and payment of hospital bills.


  • 2. Parents have problems with mental ability due to dementia, disease, etc., but there is a situation where a specific child unilaterally manages the parent's property, management details are unclear, and a certain portion is arbitrarily consumed.

    ➥ It is agreed to appoint one of the family members as a guardian to solve problems such as property management and payment of hospital bills.


  • 3. When a child with intellectual disability has reached the age of majority.

    ➥ When a child with intellectual disability was a minor, parents could act as legal representatives, but when the child becomes an adult, the right to legal representation expires, creating the need for additional protection.


  • 4. If you grew up in a nursery away from your family since childhood and accumulated wealth, but when it was time for you to become independent, your family came to you and there is a concern that you will receive your property through coaxing.

    ➥ As a case that occurs frequently in practice, it is necessary to apply for the appointment of a adult guardian to prevent this.


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