Adult Guardianship System~Adult Guardianship Registration System~
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<Adult Guardianship System>
<Adult Guardianship Registration System>
<Adult Guardianship System>
A1
A2.
In addition, the legal guardianship system is divided into three categories: "guardianship", "curatorship", and "assistance". The appropriate system can be chosen depending on the degree of the person’s capacity for judgment.
(*Please see Q15 for information about the voluntary guardianship system.)
Overview of the legal guardianship system
| Target | |||
|---|---|---|---|
| Those who can make a petition | The person in question, his/her spouse, relatives within the fourth degree of kinship, public prosecutors, etc. Heads of municipalities (Note 1) |
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In principle, all legal acts(except for acts related to daily life, Note 4)
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Acts stipulated in Article 13, Paragraph 1 of the Civil Code (Note 2) (Note 3) (Note 4) | “Specific legal acts” (some acts prescribed in Article 13, paragraph 1 of the Civil Code) specified by the family court at a hearing within the scope of the petition (Note 1) (Note 2) (Note 4) | |
| All legal acts concerning property | Specific legal acts specified by the family court at a hearing within the scope of the petition (Note 1) | Same as left (Note 1) | |
| (Note 1) | The consent of the person under curatorship will be required if the request is made by a person other than the person under curatorship to give a curator specific legal authority. The same is true for hearings giving the right of consent or specific legal authority to an assistant and hearings to start assistance. |
|---|---|
| (Note 2) | Article 13, Paragraph 1 of the Civil Code states actions such as debt, litigation, approval and abandonment of inheritances, new construction, reconstruction, and extensions. |
| (Note 3) | |
| (Note 4) | Activities related to daily life are excluded. |
What kind of system is “guardianship”?
A3.
This system protects and supports those who lack capacity for judgment in normal state due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). When this system is used, adult guardians appointed by the family court act on behalf of the person in performing legal acts such as contracts while thinking about the person's interests, or the person or adult guardian may later rescind unfavorable legal actions performed by the person lacking capacity. However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission. (Please refer to ◇Overview of Legal Guardianship System◇ in Q2.)
Please give an example of the “guardianship” system.
A4.
The following is an example.
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○ Example of starting a guardianship |
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| a. Condition of individual: Alzheimer’s disease b. Petitioner: Wife c. Adult guardian: Petitioner d. Overview Starting about five years ago, the ward became extremely forgetful and gradually could no longer lead a social life, such as not knowing the identities of his subordinates at work. Even in daily life, it was not possible for him to identify family members and his symptoms became severe, but there is no prospect of recovery and he has been hospitalized for two years. One day, his younger brother suddenly died in an accident, and he was to inherit his brother's property. However, his brother left only debt, and the wife of the person in question petitioned for the initiation of guardianship to disclaim his inheritance. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
What kind of system is “curatorship”?
A5.
This system protects and supports those who have significantly insufficient capacity for judgment due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). With this system, it is necessary to obtain the consent of a guardian appointed by a family court for certain acts stipulated by the law, such as borrowing money, becoming a guarantor, and buying and selling real estate. Acts performed without the consent of the curator can be rescinded later by the individual or the curator. However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission, even if they are made without the consent of the curator. In addition, the family court hearing may extend the scope of the curator’s right of consent/rescission, or give t authority for specific legal acts (*).
| * |
Please give an example of the “curatorship” system.
A6.
The following is an example.
| ○ Example of starting a curatorship | |
| a. Condition of individual: Moderate dementia b. Petitioner: Eldest son c. Curator: Petitioner d. Overview A woman suffering from moderate dementia lived alone after losing her husband a year ago. Although she had shown signs of forgetfulness before, the symptoms have recently progressed, and she often forgets if she took out a 10,000 yen bill or a 5,000 yen bill when shopping. Daily life was becoming difficult, and she started living with her eldest son’s family. The eldest son, who lives in a neighboring prefecture, wanted to sell the land and home where his mother had been living because it had deteriorated. To do so, he petitioned to start a curatorship, and petitioned to be granted the specific legal authority to sell both the land and home. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
What kind of system is “assistance”?
A7.
This system protects and supports those who have insufficient capacity for judgment due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). By using this system, the family court, after a hearing, can give the right of consent, the right of rescission and the power of representation to the assistant appointed by the family court to perform specific legal acts (*). However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission, even if they are made without the consent of the assistant.
| * | |
Please give an example of the “assistance” system.
A8.
The following is an example.
| ○ Example of starting assistance | |
| a. Condition of individual: Mild symptoms of dementia b. Petitioner: Eldest son c. Assistant: Petitioner d. Overview Recently, an elderly father with mild dementia cannot do housework properly, such as cooking rice without rinsing it, and while the eldest son was away at work during the daytime, the individual purchased several articles of expensive clothing from a visiting salesperson they have no need for. The worried eldest son filed a petition for a hearing to commence assistance with the family court, and also filed a petition for a hearing granting consent for purchases by the individual of 100,000 yen or more. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
A9.
Please give an example where a third party other than a relative was appointed as an adult guardian.
A10.
These are some examples.
| ○ Example of a third party other than a relative being chosen as adult guardian | |
| a. Condition of individual: Schizophrenia b. Petitioner: Aunt c. Adult guardian: Judicial scrivener d. Adult guardian supervisor: Adult Guardianship Center Legal Support e. Overview The individual developed schizophrenia 20 years ago and has been hospitalized for 15 years, but the individual’s intellectual abilities have gradually declined. In addition, the individual received a Grade 1 disability assessment, and the individual’s medical expenses are paid from the individual’s disability pension. The individual’s mother died half a year ago, and the only remaining relative is the individual’s maternal aunt. Because it is necessary to manage the home and apartment inherited from the late mother, the maternal aunt filed a petition for commencement of guardianship. After a family court hearing, the guardianship of the individual was commenced, and since it is difficult for the maternal aunt to become an adult guardian because they live far away and the main guardianship duties are the registration and management of residential real estate, a judicial scrivener was chosen as the adult guardian. In addition, the Adult Guardianship Center Legal Support was also chosen as the adult guardian supervisor. |
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| a. Condition of individual: Mild intellectual disability b. Petitioner: Mother c. Adult guardian: Social welfare worker d. Overview The individual was an only child, had severe intellectual disabilities from birth, and lived with the individual’s mother for many years. The mother received the individual’s disability pension and was caring for the individual. However, it was necessary for the individual to be admitted to a facility after the mother had a stroke and became partially paralyzed without hope of recovery. Therefore, in order to entrust paperwork related to property management and personal custody to a third party, the mother filed a petition for judgment for commencement of guardianship. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Please give an example where multiple adult guardians were chosen.
A11.
These are some examples.
| ○ Example where multiple adult guardians were chosen | |
| a. Condition of individual: Severe symptoms of dementia b. Petitioner: Eldest son c. Adult guardian: Petitioner and second daughter d. Overview A woman has lived alone after losing her husband. Symptoms of dementia gradually appeared about 10 years ago, and she has been hospitalized for the past 3 months. In recent years, the symptoms have become so severe that she mistakes the petitioner for her late husband when he visits her. In order to pay for her hospitalization expenses, it is necessary for her to withdraw some money from the bank, and a petition for a hearing to commence guardianship was filed. As a result of the family court hearing, her guardianship was commenced. Because the eldest son and the second daughter, who live nearby, were all taking care of her before she was admitted, they were appointed adult guardians, and the division of their duties was not stipulated. |
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| a. Condition of individual: Vegetative state due to subarachnoid hemorrhage b. Petitioner: Wife c. Adult guardian: Petitioner and lawyer d. Overview Two years ago, a man fell down due to a subarachnoid hemorrhage and did not regain consciousness. His wife managed to pay for her husband's medical and living expenses while he was ill. However, because his father died and there was a need to discuss the division of his inheritance, she filed a petition for judgment for commencement of guardianship. As a result of the family court judgment, guardianship of the individual was commenced. And, because the wife lives apart from her children and there is no one else to rely on, she was concerned about carrying out the inheritance division discussions and her husband's property management alone, so the wife and lawyer were chosen as adult guardians. The wife is in charge of work regarding her husband's personal well-being, and the lawyer is in charge of work regarding inheritance division discussions and property management. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
A12.
In addition, adult guardians are supervised by family courts through reports to family courts about their work.
A13.
To facilitate the protection of those who are elderly with dementia, have intellectual disorders or mentally disabled without someone to make a petition for them because they have no relatives, the right to file a petition to commence a hearing to start legal guardianship (guardianship, curatorship, assistance) is given to the head of a municipality.
Please give an example where the head of a municipality filed a petition to start an adult guardianship hearing.
Ａ14.
The following is an example.
| ○ Example where mayor filed petition for judgment for commencement of guardianship | |
| a. Condition of individual: Intellectual disability b. Petitioner: Mayor c. Adult guardian: Judicial scrivener d. Overview The individual has severe intellectual disabilities and is currently living in a nursing home. The individual, who has received a disability pension for many years, has a large savings account, and it is necessary to manage it. Based on the long-term care insurance system, it is necessary to conclude a contract in order to be admitted to the special nursing home. The mayor petitioned for a hearing to commence guardianship based on the provisions of the Act on the Welfare of Persons with Intellectual Disabilities, as the individual has no relatives and, due to his disability, it was impossible for the man to conclude the necessary contract. As a result of the family court hearing, a guardianship was established for the individual, and a judicial scrivener was chosen as the adult guardian. Finally, the adult guardian concluded the nursing care insurance contract, and based on this, in addition to the special nursing home entrance contract, contracts were also concluded for various nursing care services, and the individual was now able to receive various services. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
A15.
Ａ16.
The following is an example.
| ○ Example of voluntary guardianship supervisor selection | |
| a. Condition of individual: Dementia symptoms due to cerebral infarction b. Voluntary guardian: Eldest daughter c. Voluntary guardianship supervisor: Lawyer d. Overview Although a man had been managing his own apartment for many years, he signed a voluntary guardianship contract naming his eldest daughter as his guardian in case his capacity for judgment deteriorated. A few months later, the man fell down when suffering a stroke and the left side of his body was paralyzed. Symptoms of dementia also appeared, and he even forgot that he owned an apartment. Because of this, his eldest daughter, the other party to the voluntary guardianship contract, petitioned for a hearing to appoint a supervisor for the voluntary guardianship. After the family court hearing, a lawyer was appointed as the voluntary guardianship supervisor. As a result, the eldest daughter, as the voluntary guardian, performs work related to the individual’s property management including apartment management and her father’s personal care, while the voluntary guardianship supervisor regularly oversees the work to ensure it is properly carried out. |
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| (Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
A17.
The prices are as follows.
1. Necessary fees for hearing petitions to commence legal guardian
| Guardianship | Assistance | ||
|---|---|---|---|
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Petition fee
(revenue stamp)
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800 yen | 800 yen (Note 1) | 800 yen (Note 2) |
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Registration fee
(revenue stamp)
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2,600 yen | 2,600 yen | 2,600 yen |
| Other | Postage stamp for notification (Note 3), expert opinion fee (Note 4) | ||
Separate 800 yen revenue stamps are required for each petition for a hearing that grants legal authority to a curator, or a hearing that adds an act requiring the consent of a curator.
(Note 2)
For a hearing to start assistance, a hearing granting legal authority or the right to consent to the assistant is necessary at the same time, with an 800 yen revenue stamp required for each petition.
(Note 3)
Please check with the family court where the petition was filed.
(Note 4)
For guardianship and curatorship, in order to sufficiently check medically the degree of the person's capacity for judgment, an expert opinion fee is necessary for a doctor to give an expert opinion. The expert opinion fee varies depending on the individual case, but in most cases it is less than 100,000 yen.
(Note 5)
When making a petition, documents including family registers, certificates of registration and medical certificates are required. There are also separate fees for obtaining them. (Please check with the family court where the petition will be filed for the required documents.)
(Note 6)
Those with limited resources may be able to receive assistance through the civil legal aid system provided by the Japan Legal Support Center (nicknamed "Law Terrace") such as the advance payment of petitioner fees.
For details, please call the Law Terrace consultation desk (Tel: 0570-078374). In addition, there are municipalities which subsidize the necessary expenses to use the legal guardianship system. For details, please contact your local municipal office.
2. Necessary fees for creating notarized voluntary guardianship contracts
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11,000 yen |
|---|---|
| Registration commission fee | 1,400 yen |
| Revenue stamp paid to registries office | 2,600 yen |
| Other | Certificate fees for originals issued to the individual, stamp fees for sending registration commission letter, etc. |
A18.
Generalizations cannot be made, as hearing periods vary according to each individual case. A certain hearing period will be required for expert opinion procedures, the examination of the eligibility of adult guardian candidates, and the hearing of the individual's statements. In many cases, the period from petition to the start of adult guardianship is less than four months.
A19.
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<Adult Guardianship Registration System>
A20.
A21.
In addition, among registration work, certificates are issued at counters in the Tokyo Legal Affairs Bureau and the Family Registry Division of each Legal Affairs Bureau and Regional Bureau of Legal Affairs.
When is registration conducted?
A22.
a. “Change of Registration” application form [PDF]
b. “Registration of Termination” application form [PDF]
When can certificates of registered matters and of no registration be used?
A23.
For example, when an adult guardian enters into contracts to sell property or to provide long-term care services on behalf of the individual, the guardian may be required to confirm their authority by presenting a Certificate of Registered Matters to the trading partner. In addition, those who are not under adult guardianship (legal guardianship / voluntary guardianship) can be issued a Certificate of Non-registered Matters.
How can the issuance of certificates of registered matters and of no registration be requested?
A24.
When requesting the issuance of certificates, please affix the required revenue stamps (fee) on an application form including the name, date of birth and qualification (relationship with the individual) of the requester, and attach any necessary documents (see Q27 for details about attachments). Requests can also be made by mail with an enclosed return envelope (self-addressed and stamped).
Certificates are issued at counters in the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, or the Family Registry Division at each Legal Affairs Bureau or Regional Bureau of Legal Affairs.
Certificates are issued at counters in the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, or the Family Registry Division at each Legal Affairs Bureau or Regional Bureau of Legal Affairs.
Who can request the issuance of certificates of registered matters and of no registration?
A25.
Those who can request issuance of certificates are limited to certain people, such as the individual, his or her spouse, relatives within the fourth degree of kinship (in the case of Certificates of Removed Matters, heirs and other successors) and adult guardians from the viewpoint of protecting the security of transactions and the privacy of the individual. In addition, requests cannot be made if the requester is a business partner.
Please see Q27 for details about necessary attachments for the application.
In addition, a personal representative who has been entrusted by the individual can also request the issuance of certificates on the individual’s behalf.
Please see Q27 for details about necessary attachments for the application.
In addition, a personal representative who has been entrusted by the individual can also request the issuance of certificates on the individual’s behalf.
A26.
You can select one of the following to print out the form. In addition, besides the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, you can obtain them at the nearest Legal Affairs Bureau, Regional Office of Legal Affairs (please refer to the last page of the pamphlet posted at the top of the page) or branch office.
| * When printing, please set the paper to A4 portrait and the margins to 5 mm both at the top, bottom, left and right using the page settings for the convenience of certificate issuance. (If there are any parts that are not printed or it is printed on more than one page, please adjust the margins accordingly.) |
| * It is possible to create an application form by directly filling in the PDF file (Note). When printing, for the convenience of certificate issuance, please make adjustments by selecting “Print setting - Fit to paper size” to ensure that the marks (━ and ■) in the four corners of A4 portrait paper are printed. |
If you use PDF reading software other than Adobe Acrobat Reader, you may not be able to enter data correctly.
For example, when using Windows 10, PDF files are initially opened using Microsoft Edge, which is the standard browser for Windows 10, but this does not allow for direct entry on the “Certificate of Non-registered Matters Application Form”. Therefore, please set your PC to use Adobe Acrobat Reader as the PDF viewing application, or change the browser to Internet Explorer 11, etc. and open the PDF file using Adobe Acrobat Reader.
| ○ When applying in person | Submit the application directly at the counter of the Guardian Registration Division in the Tokyo Legal Affairs Bureau or the Family Registry Division in each Legal Affairs Bureau or Regional Bureau of Legal Affairs excluding the Tokyo Legal Affairs Bureau. |
| ○ When applying by mail | Enclose a return envelope (120 cm by 235 cm with postage affixed and the return address) and send it to the Guardian Registration Division of the Tokyo Legal Affairs Bureau at the following address. |
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A27.
If the spouse or relatives within the fourth degree of kinship of the individual request the issuance of a certificate, they must attach a copy of their family register or residence certificate in order to prove their relationship to the individual. Please be aware that multiple family registers may be necessary to prove the relationship to the individual for indirect relatives such as grandparents, grandchildren, uncles, aunts, nieces and nephews. It is fine if the familial relationship can be understood from the family column of the family register or the residence certificate.
A personal representative who has been entrusted by the individual may request certificates on behalf of the individual, but must include the power of attorney or other legal document establishing legal authority.
* When certificates are issued, please present/provide documents to verify your identity such as a driver’s license or insurance card. When applying at the counter, please present it according to the instructions of the staff. If you wish to apply by mail, please be sure to enclose one copy beforehand.
* If you would like the originals of the attached documents to be returned, when applying, please submit (send) the original documents and copies (indicate as appropriate that the copy is the same as the original, and stamp the seal of the applicant).
When applying by mail, please place the necessary postage including the originals of the attached documents to be returned in the return envelope.
In addition, powers of attorney or other documents made only for this application cannot be returned. In addition, documents that have been suspected of being used for fraudulent applications will not be returned.
In addition, when applying online, it is necessary to obtain in advance an Individual Number Card that can use the public certification service for individuals. The fees for online applications are cheaper than when applying in person at a counter.
A personal representative who has been entrusted by the individual may request certificates on behalf of the individual, but must include the power of attorney or other legal document establishing legal authority.
* When certificates are issued, please present/provide documents to verify your identity such as a driver’s license or insurance card. When applying at the counter, please present it according to the instructions of the staff. If you wish to apply by mail, please be sure to enclose one copy beforehand.
* If you would like the originals of the attached documents to be returned, when applying, please submit (send) the original documents and copies (indicate as appropriate that the copy is the same as the original, and stamp the seal of the applicant).
When applying by mail, please place the necessary postage including the originals of the attached documents to be returned in the return envelope.
In addition, powers of attorney or other documents made only for this application cannot be returned. In addition, documents that have been suspected of being used for fraudulent applications will not be returned.
A28.
Requests for the issuance of a “Certificate of Registered Matters”, “Certificate of Non-registered Matters”, a “Change of Registration” when there are changes to registered information such as an address change, or a “Registration of Termination” when legal guardianship or voluntary guardianship is terminated due to the death of the individual can be made online using the internet.
In addition, when applying online, it is necessary to obtain in advance an Individual Number Card that can use the public certification service for individuals. The fees for online applications are cheaper than when applying in person at a counter.
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