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Guardianship for adults

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Chapter Summary

This chapter provides an overview of Japan's system of legal support before and after the introduction of a new guardianship system for adults in 1999 and discusses some of the remaining challenges. Until 1999, the Japanese Civil Code provided protection for people suffering from senile dementia, impaired intelligence or other mental disorders through guardianships or curatorships based on the concepts of incompetency and quasi-incompetency. Japan's legislative reform has focused on harmonizing the traditional ideal of protection of the weak with new concepts such as respect for a person's autonomy, effective use of one's remaining capacity, and enabling a person to live as normal a life as possible. The new system of guardianship for adults broadly consists of statutory guardianship and voluntary guardianship. Of these, a statutory guardianship is imposed through legal action and takes the form of an advisership, curatorship, or guardianship.

Keywords: advisership; curatorship; guardianship for adults; Japan's legislative reform; quasi-incompetency



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