Adult Guardianship System
For People Considering Adult
Guardianship
CONTENTS
1 Using the Adult Guardianship System ·························· P1
2 Tasks Required of an Adult Guardian, etc. ···················· P3
3 About the Adult Guardianship System·························· P5
4 Flow of Process ························································ P7
5 About Petition ··························································· P9
6 Appointment of the Adult Guardian, etc. ······················· P10
7 For Properly Conducting Clerical Work as a Guardian, etc. · P11
8 Clerical Work as Guardian, etc. and Reporting··············· P13
9 Termination of Guardianship, etc. ·································· P14 Family Court
Using the Adult Guardianship
System
Before using the adult guardianship system
I wasn’t good at calculating or managing
money, so I was having my mother take
care of money business when buying
expensive stuff or going through
administrative or bank procedures.
One day, my mother became sick and
bedridden.
Recently, I often buy things that
Using the Adult Guardianship System
I already had in the house, forgetting
that I had them. I can’t decide for
myself whether I should go to an
elderly’s home instead of living on
my own.
I got a call from a pernicious
dealer and was almost tricked.
I’m getting more forgetful lately, so
I’m worried that I might be tricked
in the future.
I’m concerned about who would
support me if I become demented
in the future.
To continue living at ease,
let’s think about using the adult guardianship system
If you use the adult guardianship system
Reception
My guardian did the banking for me.
I feel reassured, because my guardian
will support my life from now on.
Using the Adult Guardianship System
My guardian listened to my problems.
I will be continuing to live in my own
house while receiving support.
Even if I am tricked into making a
contract, my guardian will cancel that
contract.
My son became my voluntary
guardian. I feel reassured that my
son will be supporting me.
* “Guardian” here includes assistant, curator, and adult guardian in
meaning.
Please read “About the Adult Guardianship System” on pages 5
and 6 for details.
Tasks Required of an Adult
Guardian, etc.
Plan what you will be doing
as an adult guardian, etc.
First, check how the ward is living and
what assets he or she has, in order to
think about the ward’s living situation and
how he or she should use the money.
Tasks Required of an Adult Guardian, etc.
Listen to the ward’s
preferences and follow the
necessary procedures.
Considering the ward’s feelings and how he or
she is living, select necessary welfare services
and follow the necessary steps so that the
ward is able to receive his or her pension.
An adult guardian, etc. performs the
following tasks.
Protect the ward from
money-related problems.
If the ward gets in trouble such as being tricked
by a pernicious business into buying
something unnecessary, the guardian, etc. can
cancel that contract.
Tasks Required of an Adult Guardian, etc.
Report how the ward is
living to the family court.
The guardian, etc. reports the ward’s health
conditions, how he or she is living, and how
much money and what assets the ward has to
the family court.
Family Court
About the Adult Guardianship
System
What is an adult
guardianship system
An adult guardianship system is a system that legally supports individuals
(“ward”) whose capacity for judgment is limited due to dementia, impaired
intelligence, and/or mental disorder by selecting a supporter (“adult
guardian,” etc.) to protect the ward’s rights.
What kind of adult guardianship systems are available?
There is a voluntary guardianship and a legal
guardianship.
Before the capacity for judgment
To “Voluntary Guardianship”
becomes insufficient:
About the Adult Guardianship System
After the capacity for judgment has
To “Legal Guardianship”
become insufficient:
Voluntary Guardianship
A voluntary guardianship is a system in which an individual seeking a guardian appoints,
while the individual still has sufficient capacity for judgment, another person (“voluntary
guardian”) to perform certain tasks by contract (“voluntary guardianship contract”) when his
or her capacity for judgment deteriorates.
A voluntary guardianship contract should be concluded by a notarized deed created by a
notary, so please inquire with your local notary public office about the procedure and costs.
When the individual’s capacity for judgment deteriorates, the voluntary guardianship contract
does not take effect until a supervisor for the voluntary guardian has been appointed by the
family court. The individual, his or her spouse, a relative within the fourth degree of kinship,
or the voluntary guardian to be may file a petition for this process.
Voluntary guardianship contract concluded
Capacity for judgment deteriorates
Petition for appointment of a supervisor for the
voluntary guardian filed with the family court
Supervisor for the voluntary guardian appointed
Voluntary guardianship contract takes effect
Legal
Guardianship
A legal guardianship is a system where an adult guardian, etc. is selected by the family court
when the relevant individual undergoes deterioration of capacity for judgment to an insufficient
level. Depending on the level of the capacity for judgment, three guardianships are available:
assistance, curatorship, and guardianship.
Three legal guardianships
Assistance Curatorship Guardianship
Capacity for Capacity for Capacity for
Eligible individual judgment is judgment is
judgment is
significantly lacking in normal
insufficient insufficient state
About the Adult Guardianship System
Acts determined by
the court upon petition
Acts that an adult Acts determined in addition to the acts In principle, all
guardian, etc. can by the court upon specified in Article 13 legal acts
agree to or cancel petition (*2) Paragraph 1 of the
Civil Code, such as
(*1) loans and acceptance
of inheritance
Acts that an adult Acts determined Acts determined In principle, all
guardian, etc. can by the court upon by the court upon legal acts
perform on the petition petition
ward’s behalf (*3)
*1: Acts that the adult guardian, etc. can cancel do not include acts related to daily life (e.g.
purchase of commodities).
*2: Limited to certain acts under Article 13 Paragraph 1 of the Civil Code (e.g. loans, acceptance
and renunciation of inheritance, litigation, and building, remodeling, or expanding a house).
*3: Disposition of the ward’s residential real estate requires the permission of the family court.
* The ward’s consent is required for an adjudication of starting assistance, an adjudication of
granting consent right and right of representation to the assistant, and an adjudication of
granting right of representation to the curator.
Flow of Process
Municipalities and
private organizations
Before you decide on using the adult guardianship system, you can
consult the Regional General Support Center or core institutions
established in the municipality, Social Welfare Councils, and
organizations of practitioners that deal with the adult guardianship
system (e.g. bar associations, judicial scriveners’ associations,
certified social workers’ association) about the procedures and
necessary documents for using the adult guardianship system and
how to find someone who would be your adult guardian, etc.
If you want explanation of processes
at the court, please go to the process
guide at the family court
Family Court
Process Guide
Flow of Process
You can receive an explanation of the flow of Family Court
the process for starting guardianship, etc. and
the documents necessary for petition (An
introductory DVD is also available for your
viewing.).
● A petition form and other documents, along with petition fee and other
Petition costs, are required to file a petition.
● Some family courts may need a reservation by phone call to schedule
a visiting date/time.
●The court may inquire about the circumstances.
Investigation, * Competency examination may be given to verify the individual’s capacity for
etc.
judgment (Separate costs incurred.).
Adjudication
●An adult guardian, etc. is appointed at the same time when the start of
guardianship, etc. is adjudicated.
● Promptly after being appointed, the adult guardian, etc. checks the
ward’s estate and living situation, creates an inventory of assets and
Reporting an income and expenditures schedule, and submits them to the
family court.
● An adult guardian, etc. is required to report on the ward’s life and
situation of his or her estate at least once a year in principle.
About Petition
Q1 Can I file a petition with any court?
Q2 Can anyone file a petition?
Q3 What documents are necessary for petition? What are the costs
associated with the petition?
Q4 In what cases is a competency test necessary?
Q5 Can I withdraw my petition?
See page 9 for details
Appointment of the Adult Guardian, etc.
Q1 What kind of person is appointed to be an adult guardian, etc.?
Q2 What does an adult guardian, etc. do first after appointment?
See page 10 for details
Flow of Process
For Properly Conducting Clerical Work as a Guardian, etc.
Q1 What kind of measures are available to support proper clerical work by the adult
guardian, etc.?
Q2 How does the guardianship support trusts and guardianship support deposits and
savings work, and what is the flow of that process?
See page 11 for details
Clerical Work as Guardian, etc. and Reporting
Q1 After being appointed as an adult guardian, etc., what should I be
aware of?
Q2 How often is the guardian, etc.’s clerical work reported?
Q3 Is the adult guardian, etc. remunerated?
Q4 What should I do when there is an address change?
See page 13 for details
Termination of Guardianship, etc.
Q1 When does the work of an adult guardian, etc. end?
Q2 What does an adult guardian, etc. do after his or her work is
completed?
See page 14 for details
About Petition
Can I file a petition with any court?
Please file a petition with the family court that has jurisdiction over the place of domicile of the
individual seeking guardianship.
If you do not know which family court has jurisdiction, please ask your nearest family court.
Can anyone file a petition?
People who can file a petition are the individual seeking guardianship, the individual’s
spouse, and the individual’ relative within fourth degree kinship. Additionally, the mayor of the
municipality may file the petition.
* The following people are the relatives within fourth degree kinship of the individual:
- Parents, grandparents, children, grandchildren, and great-grandchildren
- Siblings, nephews, and nieces - Uncles, aunts, and cousins
- Parents, children, and siblings of spouse
What documents are necessary for petition? What are the costs associated with
the petition?
Common documents and expenses necessary for petition are as follows:
●Petition form
●Medical certificate (for adult guardianship)
About Petition
* The petition form and the form for medical certificate (for adult guardianship) are available at the
family court and on the Court Web site (see back cover).
●Petition fee (Revenue stamps worth 800 yen per case)
* If you are petitioning for adjudication for granting consent right and right of representation to an
assistant or curator at the same time, you need revenue stamps worth 800 yen for each of these
petitions.
●Registration commission fee (Revenue stamps worth 2,600 yen)
●Postal stamp
●Copy of family register of the individual seeking guardianship, etc.
●Competency test fee (if applicable), etc.
For more information, please check the list provided at the family court.
In what cases is a competency test necessary?
To carefully evaluate the degree of the individual’s capacity for judgment, a competency test
may be given to the individual by a doctor. In such a case, you will need a competency test
fee. The amount of this fee depends on the individual case.
* The costs necessary for the petition process, including the competency test fee, will be paid by the
petitioner in principle.
If you are not in a financial position to pay, you may be able to use a municipal subsidy. Please
inquire with the municipality office for details.
Can I withdraw my petition?
Once you file a petition, you cannot withdraw it without the permission of the family court. For
example, in principle, a petition cannot be withdrawn based on the reason that the candidate
recommended by the petitioner is likely to not be appointed as the adult guardian, etc.
Appointment of the Adult Family Court
Guardian, etc.
What kind of person is appointed to be an adult guardian, etc.?
The family court appoints an adult guardian, etc. at the same time when it
adjudicates the start of guardianship, etc.
In appointing an adult guardian, etc., the family court appoints an individual most
suitable for the ward.
If certain problems, such as the ward’s legal or living difficulties or the ward’s
property management being complex and difficult, are known at the time of petition,
the family court may appoint a practitioner with specialized expertise about the duties
and responsibilities of an adult guardian, etc., such as a lawyer, judicial scrivener, or
certified social worker, to be the ward’s adult guardian, etc.
Please note that you cannot file a complaint against the family court’s decision of
who is appointed to be the adult guardian, etc.
Appointment of the Adult Guardian, etc.
What does an adult guardian, etc. do first after appointment?
An adult guardian, etc. promptly checks the ward’s living situation and preferences for future
living through interviews with the ward. The adult guardian, etc. also submits necessary
notifications to banks and formulates a policy for clerical work as an adult guardian, etc.
Then the adult guardian, etc. prepares an inventory of assets and an income and
expenditures schedule for submission to the family court.
* When submitting necessary notifications to banks, you may be asked to submit a certificate of
registered information. A certificate of registered information includes the details of the
adjudication to start guardianship, etc. and can be acquired at the Legal Affairs Bureau.
* An inventory of assets is a document that lists all the assets the ward owns, including deposits
and savings, as well as any real estate.
* An income and expenditures schedule is a document that lists the schedule of the ward’s income
and expenditures based on his or her living situation.
For Properly Conducting Clerical
Work as a Guardian, etc.
What kind of measures are available to support
proper clerical work by the adult guardian, etc.?
●Appointment of a supervisor for the guardian,
etc.
When the planned guardianship tasks are complex and difficult, the family court
may appoint a practitioner (e.g. lawyer, judicial scrivener, or certified social
worker) as a supervisor for the guardian, etc. to support the clerical work of the
adult guardian, etc.
●Using a guardianship support trust or
guardianship support deposits and savings
For Properly Conducting Clerical Work as a Guardian, etc.
As an option for the adult guardian to properly manage the ward’s estate, the use
of a guardian support trust or guardianship support deposits and savings may be
considered.
When this system is used, out of all the ward’s assets, the adult guardian
manages an amount of money necessary and sufficient for the ward to make
usual payments as deposits and savings and has a financial institution manage
the money that is not used normally as asset in trust or special deposits and
savings.
By using this system, the adult guardian can manage the money necessary for
daily use while reducing the burden of asset management.
How guardianship support trusts and guardianship support deposits and
savings work (Image)
Financial institution
Ward’s assets manages:
<Guardian support trust>
Asset in trust An “order document”
issued by the family
Money not used on <Guardian support deposits and court is required for
a daily basis savings> withdrawal or cancelation
Special deposits and savings
Money necessary for Guardian manages:
daily life Deposits and savings,
etc.
* Family courts try to issue the order document quickly as a ward may need
a large amount of money on short notice.
How do the guardianship support trusts and
guardianship support deposits and savings work,
and what is the flow of that process?
Start use / Withdrawal,
additional asset in trust, or
additional deposits Family Financial
Adult guardian court issues institution
reports to family order processes the
court document request
●Review on whether or not it is appropriate to use a
guardianship support trust, etc.
The adult guardian reviews whether or not it is appropriate to use a guardianship
For Properly Conducting Clerical Work as a Guardian, etc.
support trust, etc. based on the ward’s living situation and assets, and reports the
result to the family court.
●Conclusion of trust agreement or deposit contract
If the family court decides that the use of a guardianship support trust, etc. is
appropriate, it issues an order document to the adult guardian in order to conclude a
trust agreement or a deposit contract. The adult guardian submits the order
document to the financial institution to conclude the agreement or contract.
●Withdrawal of money from, or additional asset in
trust or additional deposit to the financial
institution
There may be a case where money needs to be withdrawn from the financial
institution, or additional asset in trust or additional deposit needs to be made to the
financial institution, after concluding the agreement or contract.
For any of the above, you will need an order document issued by the family court.
* Guardianship support trusts and guardianship support deposits and savings are not available for curatorship,
assistance, or voluntary guardianship.
Some financial institutions do not accept guardianship support deposits and savings in case of a minor
guardianship, so please check with the relevant financial institution for details.
* If a practitioner is involved as a guardian or supervisor for the guardian when using a guardian support trust,
etc., remuneration specified by the family court may be necessary (Financial institution’s management
remuneration may also be incurred separately.).
After concluding the trust agreement, if there is no more need for a practitioner to be involved, the practitioner
will resign.
Some financial institutions handle deposits that require the supervisor for the
guardian, etc. to be involved when depositing or withdrawing. Please inquire
with your nearest family court for details.
Clerical Work as Guardian,
etc. and Reporting
After being appointed as an adult guardian,
etc., what should I be aware of?
The adult guardian, etc. must respect the intentions of the ward and take care of the
ward so that he or she can enjoy a stable life.
The adult guardian, etc. also has an obligation to properly manage the ward’s
assets. Therefore, if the adult guardian, etc. is found to have improperly treated the
ward’s assets, not only is the guardian, etc. removed from this duty, but also may be
held liable for damages under civil liability or be liable to criminal charges for
misappropriation or other crime.
How often is the guardian, etc.’s clerical work
reported?
Clerical Work as Guardian, etc. and Reporting
The family court requires that the adult guardian, etc. reports on the clerical work he
or she is doing as an adult guardian, etc. and through this report, checks whether
the adult guardian, etc. is properly conducting the tasks.
Currently, in general, an adult guardian, etc. is required to report on the situation of
the guardian, etc.’s clerical work at a designated time once a year.
Is the adult guardian, etc. remunerated?
If the adult guardian, etc. or the supervisor for the guardian, etc. files a petition with
the family court for remuneration, he or she may receive remuneration specified by
the family court out of the ward’s assets (Remuneration cannot be received from the
ward’s assets without the permission of the family court.).
* Similarly, a supervisor for a voluntary guardian may also receive remuneration from the ward’s
assets based on a judgment by the family court upon filing a petition with the family court for
remuneration.
What should I do when there is an address change?
If the ward or the adult guardian, etc. changed his or her address, apply for a
“registration of change” to the Legal Affairs Bureau (Please inquire with the nearest
Legal Affairs Bureau for information on how to apply.).
Please also contact the family court in such a case.
The Court Web site (see back cover) provides a video that explains the
duties and responsibilities of an adult guardian, etc. in an
easy-to-understand manner.
Termination of
Guardianship, etc.
When does the work of an adult guardian, etc. end?
The duties of an adult guardian, etc. continues until the ward recovers from an
illness or recovers his or her capacity for judgment, or dies. Guardianship does not
end just because the initial purpose that caused the petition for guardianship (for
example, reception of insurance proceeds or division of estate) has been fulfilled.
Resignation from an adult guardian, etc. requires permission from the family court.
What does an adult guardian, etc. do after his or her
work is completed?
Termination of Guardianship, etc.
●Contact and report to the family court
If the ward dies, the adult guardian, etc. notifies the family court to check on
subsequent clerical work.
●Application to the Legal Affairs Bureau for
registration
In addition to notifying the family court, the adult guardian, etc. must apply for a
“registration of termination” to the Legal Affairs Bureau (Please inquire with the
nearest Legal Affairs Bureau for information on how to apply.).
Contacts for Inquiries Regarding the
Adult Guardianship System
Consultations regarding petition and the use of the adult
guardianship system
Regional General Support Center or Social Welfare Council
of the municipality
* The consultation contacts for people with disabilities are the municipality and the designated
consultation and support operator commissioned by the municipality.
* If a core institution is established in the municipality, that institution can also be used.
* For contact information about consultation, please inquire with the municipality.
* Some municipalities offer subsidies for the expenses necessary to use legal guardianship.
Please inquire with the municipality for details.
Inquiries about legal Japan Legal Support Center
problems (“Hou Terrace”)
* You can call at a rate of 8.5 yen (tax excluded) for 3
minutes from anywhere in Japan from a landline phone.
* From an IP phone, dial 03-6745-5600.
About guardianship Leaflet of the Trust Companies
support trusts Association of Japan
“Backing Up the Guardianship System: Guardianship Support Trusts”
About the application
for adult guardianship
registration
Ministry of Justice website
* Application form for certification or non-registration can be sent from your nearest Legal Affairs Bureau or Regional
Legal Affairs Bureau, or can be downloaded from the Ministry of Justice website. Please inquire with your nearest Legal
Affairs Bureau or Regional Legal Affairs Bureau for details.
About the voluntary Japan National Notaries Association or
guardianship contract notary public offices nationwide
Guide for petition and
process for the adult
Court Web Site
guardianship system (Guardianship Portal Site)
Search
* The website introduces the nearest family courts and petition forms, etc. in addition to an explanation of the processes.
