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There are two aspects, asset management and personal protection, and you
are saying in certain areas you will work with lawyers?
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Ikeda
We hope to develop a good collaboration within the multiple
guardianship concept. We are ready to act upon requests by lawyers, for
instance. We believe we can develop good collaborative efforts on regional
basis working with legal experts toward a common goal. Joint study groups
have been formed with judicial scriveners groups and lawyers associations
with many of our branch offices in forty-seven prefectures, in which we
have begun to review precedents and other subjects related to the
implementation of the law. Our collaboration should not be limited to any
specific group, but at this time lawyers are particularly active in certain
areas and judicial scriveners are very aggressive in others.
In what areas do you expect to see meaningful cooperation with legal
experts?
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Ikeda
Basically it depends on user needs, but the likely division of labor
will be in the area of personal supervision and protection. When social
welfare workers assume guardianship, personal protection will be one of the
core services. In choosing the types of welfare services, we feel we, at
times, will need the participation of lawyers. Our role will really begin
after the completion of the legal contractual processes, implementing the
contents of contracts in terms of health, medical and welfare services.
We feel it is very important that the position and personal feelings of the
users are properly represented in the implementation process of the new
system, and it is in this area where we, the social welfare workers, should
play a meaningful role. We do not feel that there should be large numbers
of legal disputes handled by lawyers re the normal day-to-day life of
individuals. Before lawyers and the legal system become involved, we
believe most disputes should be and can be settled. Generally speaking,
we don't feel lawyers are equipped to take care of the details of personal
care. Of course, there are exceptions, but in reality a good division of
labor should be applicable to the real world.
The division of labor is fine as the matter of principle, but isn't it
helpful if social welfare workers possess certain legal knowledge?
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Ikeda
The Association is now conducting training classes on guardianship and a
part of that education is to provide them with appropriate legal knowledge
and related skills. In fact, the national examination for social welfare
workers does include questions on legal matters, and this knowledge does
equip social welfare workers to deal with legal issues to some extent. When
we say we need to cooperate with lawyers, it means only when truly
professional legal services are warranted.
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