2004 Fiscal Year Final Research Report Summary
Scientific Research on legal Problems of Contracts for the aged
| Project/Area Number |
13420015
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (B)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | OKAYAMA UNIVERSITY |
|---|
Principal Investigator |
UKON Takeo Okayama University, Law School, Prof., 大学院・法務研究科, 教授 (40078978)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
NISHIHARA Jun Okayama University, Faculty of Law, Prof., 法学部, 教授 (20045157)
FUJITA Hisao Okayama University, Law School, Prof., 大学院・法務研究科, 教授 (40190045)
KIMURA Hitoshi Okayama University, Law School, assistant Prof., 大学院・法務研究科, 助教授 (40298980)
YOSHIOKA Shinichi Okayama University, Faculty of Law, assistant Prof., 法学部, 助教授 (50362950)
AKAMATSU Hidetake Okayama University, Law School, Prof., 大学院・法務研究科, 教授 (40184098)
|
|---|
| Project Period (FY) |
2001 – 2004
|
| Keywords | guardianship for adults / statutory guardianship / voluntary guardianship / advisership / curatership / the Mental Health Welfare Law / standard models of service-contracts / the autonomy of the aged |
|---|
| Research Abstract |
The new system of guardianship for adults consists of statutory guardianship and voluntary guardianship. Of these, a statutory guardianship is imposed through legal action and takes the form of an advisership (hojo), curatership (hosa), or guardianship.
If the court deems that a principal has become insufficiently capable of making sound judgments, the court appoints an adviser, curator, or guardian(hereinafter collectively referred to as statutory guardian) based on the provisions of law, and grants powers as necessary to that protective agent. An applicant for guardianship must determine which type of statutory guardians is used for a principal. The difficulty applicants find in his choice poses a problem.
In contrast, voluntary guardianship(nin-i-koken) is a contract-based protective arrangement introduced by the new law. Its use is optional. Any person with sufficient capacity to make judgments may appoint a voluntary guardian by contract in preparation for an eventual loss of full capacity and may give powers to the guardian as desired. But it is a problem that a notary determines whether a mandator has a sufficient capacity for instrument of voluntary guardianship.
Moreover, with the revision of the Mental Health Welfare Law, the change of the contents concerning the protector system took place. Therefore, it is necessary that the supervisor's tort liability of the guardian of adults and the protector should be reexamined.
It is important that local administrations do shows standard models of service-contracts to homes for the aged and separate these standard model service-contracts into three parts, namely the standard contract, the tailored contract and explanatory information.
As mentioned above, guardianship and standard model contract must respect as much as possible the autonomy of the aged.
|
