The Role of Welfare and Legal Professionals in the Guardianship System Law
The 145th Diet passed an amendment to the commercial broadcasting law, a
guardianship registration contract law, and the Guardianship System Law,
all of which were then sent to the Upper House where they are now pending
further deliberation in the next session. It is expected that the
Guardianship System Law will be implemented in April 2000, at the same time
as the care system law. The Guardianship System Law will fundamentally
change the present traditional guardianship system which presently consists
only of incompetence and quasi-incompetence declarations.
The new system will enable individuals, such as the elderly, to receive
management services for their assets and any necessary care, to be
administered by a guardian designated by a family court, acting upon the
request the individual or those who know that individual well.
The highlights of the new law are: an institutionalized system with
guardians insured and responsible; guarantees that an individual can make a
decision on his future in choosing a voluntary guardian while his mind and
will are sound and care duties clearly specified in writing. Facing an
unprecedented aging society in the 21st Century, the new law will play a
very crucial role, so we have solicited views of experts in this area.
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