What should be the role of lawyers in the new system?
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Mr. Nukada
Lawyers participation may be warranted to manage the guardianship
operation when multiple cases are to be coordinated in asset
management or adjusting conflicting interests among relatives.
Lawyers may be candidates as guardians as well as other
professionals, such as certified public accountants or tax
lawyers, all of whom will play key roles in the new system.
Furthermore, in the future, we anticipate both volunteers
and other professionals coming into the system and lawyers may
be in a position to assist with their entry into the new field.
I understand that the implementation of the new system may require quite a number of guardians.
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Mr. Nukada
We can't leave the entire system exclusively with volunteers. We need a certain
percentage of professionals as well in managing a system which
requires meticulous business arrangements, including
planning and management of financial assets. Arrangements and
preparations must also be carried out within certain time frame.
Another point I would like to highlight as a problem in the new system,
although it is outside
the civil code jurisprudence, is the problem of abuse of elderly
people. There are no measures built in to the system to handle
this problem. The Ministry of Welfare as a the responsible
agency has some say on this matter in developing and managing
facilities, but this may be one area in which lawyers should be alert.
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