Adult Guardianship System and Adult Guardianship Registration System Q&A — Q1–Q2 "About the Adult Guardianship System".

Claims Supported by This Source

1. People with insufficient decision-making capacity due to dementia, intellectual disability, mental disorders, etc., may find it difficult to manage their property, enter into contracts for nursing care services or facility admission, or participate in inheritance division discussions on their own. They are also at risk of being victimized by malicious business practices through disadvantageous contracts. The adult guardianship system is designed to protect and support these individuals.
2. The adult guardianship system consists of two types: the statutory guardianship system and the voluntary guardianship system.
3. In statutory guardianship, after the person's decision-making capacity becomes insufficient, the family court appoints an adult guardian, etc. (adult guardian, curator, or assistant), and their authority is generally defined by law. Petitions can be filed by the person themselves, their spouse, relatives within the fourth degree of kinship, a public prosecutor, or a municipal mayor, among others.
4. In voluntary guardianship, while the person still has sufficient decision-making capacity, they enter into a notarized contract with a designated voluntary guardian, specifying the duties to be delegated. After the person's decision-making capacity becomes insufficient, a petition is filed with the family court to appoint a supervisor for the voluntary guardian. The voluntary guardian cannot cancel contracts made by the person themselves.
5. Consultation contacts: Counselor's Office of the Civil Affairs Bureau, Ministry of Justice; Community General Support Centers in each municipality; bar associations; judicial scriveners' associations/Adult Guardianship Center/Legal Support; Japan Legal Support Center (Houterasu); social workers' associations; social welfare councils. Petitions are processed at the family court.

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