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What are some of the improvements incorporated in the new system?
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Ikeda
Our traditional system consists of only two categories, incompetence and
quasi-competence, (see Footnote 2) whereas the new system includes aid
provisions as well. This new element, applied with flexibility, functions
as an assistance instrument to those who qualify. Another remarkable advance
is the voluntary guardianship concept which allows individuals to make
decisions on their future while their mind and capabilities are still sharp.
We should commend the new system for its emphasis on the clear legal
recognition of personal supervision and protection. This is an element we
find be outstanding.
There are some addition points to be recognized. Listing incompetent family
members in their family registration is omitted and this is a major
improvement. Multiple guardianship is also permitted. Reinforcement of
management and supervision requirements also represent major advances.
Footnote 2. Incompetence:The Japanese have had only a two-tiered definition of those
who are not equipped with normal decision-making abilities. Those who are
classified as "under the condition of non compos" by Article 7 of the Civil
Code, are designated as "not competent" and
are be placed under the supervision of a guardian. Those who are classified
as in debility by Article 11, as designated as "quasi-competent" and will
receive the aid of an assistant. A guardian assigned to one who had been
designated as "not competent" has . power of attorney, Article 859, Section
1, and has the power to retract an contractual agreement, together with a
guarantee. An assistant designated to a quasi-competent person has the
power to consent to matters related to financial asset management
Is the clear recognition of personal supervision and protection helpful
for welfare workers?
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Ikeda
Traditionally, guardianship has been an instrument of asset management.
But when we look at the real interests of those who have been in the system,
they are not particularly grateful to those managing their assets for
posterity. Their interest is, in fact, the proper use of their own assets
to better their lives. Recognizing this point, the system must be run
centering around the interests of individuals and the significance of
personal supervision and protection in the new system must be made a
priority. The system must operate in accordance with what the public wants
and how best what they want can be implemented. The new law has certainly
has many good elements toward that goal.
What should be the immediate role of licensed social welfare workers?
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Ikeda
We certainly expect to be deeply involved in the new system to the
extent we will support it in almost every aspect. We see models of such of
activity by social workers in the West in implementing guardian systems.
And, when technical legal problems arise, they work closely with lawyers.
(c)2000 LEC TOKYO LEGALMIND CO.,LTD.
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