TOML

Adult Guardianship System - TOML

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

[[items]]
code = "01"
slug = "statutory-guardianship"
name = "Statutory Guardianship"
description = "A system where the family court appoints a guardian after the person's decision-making capacity becomes impaired."
category = "statutory"
parentCode = ""

[[items]]
code = "01-01"
slug = "guardianship"
name = "Guardianship"
description = "A system for persons whose decision-making capacity is lacking, where the guardian has agency and revocation rights for all property-related legal acts."
category = "statutory"
parentCode = "01"

[[items]]
code = "01-02"
slug = "curatorship"
name = "Curatorship"
description = "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."
category = "statutory"
parentCode = "01"

[[items]]
code = "01-03"
slug = "assistance"
name = "Assistance"
description = "A system for persons with insufficient decision-making capacity, where agency, consent, and revocation rights are granted for specific legal acts upon application."
category = "statutory"
parentCode = "01"

[[items]]
code = "02"
slug = "voluntary-guardianship"
name = "Voluntary Guardianship"
description = "A system where a person selects a voluntary guardian in advance through a contract while still capable of making decisions."
category = "voluntary"
parentCode = ""

[[items]]
code = "03"
slug = "guardian"
name = "Adult Guardian"
description = "A person appointed by the family court to manage property and provide personal care for the ward."
category = "role"
parentCode = ""

[[items]]
code = "04"
slug = "voluntary-guardian"
name = "Voluntary Guardian"
description = "A person selected by the individual while capable of making decisions and entrusted through a notarized contract."
category = "role"
parentCode = ""

[[items]]
code = "05"
slug = "voluntary-guardianship-supervisor"
name = "Voluntary Guardianship Supervisor"
description = "A person appointed by the family court to supervise the voluntary guardian's activities."
category = "role"
parentCode = ""