May we start with the societal background against which the
need for the new law emerged.
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Mr. Nukada
As we see, the immediate cause for the need was the rapid aging of our people
which required a comprehensive review of all the problems facing
the elderly population. Among them was a judicial review,
from which the public expects to see substantial improvements in
the situation.
The judicial review may first deal with the problem of
deterioration of the decision making ability of aging
individuals. We have already heard a number of
legal disputes over this matter. What are
some of real problems in this category?
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Mr. Nukada
There are numerous problems. A large scale consumer fraud, the Toyoda Shoji case,
is already well know, but there are many other cases involving
elderly people and single dwellers who are victimized by
commercial fraud through normal commercial transactions but
are unknown to the general public.
Another problem concerns the assets
possessed by senior citizens. Disputes over these assents among
members of their families are both numerous and diverse.
Declaration of incompetence is another issue. Care
required for parents can be a source of dissension among
children, too. The care issue may well become involved in
the right to inheritance as well.
Problems centering around welfare
facilities are also numerous. One case reported in the
press described a nursing home where all of the residents made
wills stating that their assets were be donated to the home
after their death We had serious doubts about their collective
intention. This is the matter of asset management. Abuse is
another problem reported at certain homes. Existing laws are
inadequate to deal with these problems, as cited above.
The new care insurance law will be promulgated next spring. Wouldn't it be preferable to have a new
guardianship system in place by then?
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Mr. Nukada
Welfare programs so
far have been given from heaven or imposed by governments,
but new welfare programs should be left with the recipients and
implemented through contracts. This is going to be the broad
basis for future programs and care insurance will be the
first. Services rendered are then in accordance with a
contract, which necessitates that recipients have the capability
to execute a contract, otherwise they will need attorney which,
in turn will necessitate the guardianship
system.
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