Overview

Adult Guardianship System

The Adult Guardianship System is a civil law system designed to protect the rights and support the lives of individuals whose decision-making capacity is insufficient due to dementia, intellectual disabilities, mental disorders, or other reasons. A guardian or curator appointed by the family court provides personal care, manages property, and enters into contracts for welfare services. The system consists of two types: statutory guardianship, where the court appoints a guardian after the person's decision-making capacity becomes impaired, and voluntary guardianship, where the person selects a guardian in advance through a contract while still capable of making decisions.

adult guardianship statutory guardianship voluntary guardianship civil law Ministry of Justice family court elderly support dementia care rights protection

code	slug	name	description	category	parentCode
01	statutory-guardianship	Statutory Guardianship	A system where the family court appoints a guardian after the person's decision-making capacity becomes impaired.	statutory
01-01	guardianship	Guardianship	A system for persons whose decision-making capacity is lacking, where the guardian has agency and revocation rights for all property-related legal acts.	statutory	01
01-02	curatorship	Curatorship	A system for persons with significantly insufficient decision-making capacity, where the curator has consent and revocation rights for acts under Article 13, Paragraph 1 of the Civil Code.	statutory	01
01-03	assistance	Assistance	A system for persons with insufficient decision-making capacity, where agency, consent, and revocation rights are granted for specific legal acts upon application.	statutory	01
02	voluntary-guardianship	Voluntary Guardianship	A system where a person selects a voluntary guardian in advance through a contract while still capable of making decisions.	voluntary
03	guardian	Adult Guardian	A person appointed by the family court to manage property and provide personal care for the ward.	role
04	voluntary-guardian	Voluntary Guardian	A person selected by the individual while capable of making decisions and entrusted through a notarized contract.	role
05	voluntary-guardianship-supervisor	Voluntary Guardianship Supervisor	A person appointed by the family court to supervise the voluntary guardian's activities.	role

A civil law system to protect the rights and support the lives of adults with impaired decision-making capacity.