Amid an increase in the number of elderly suffering from dementia, the system for protecting their legal rights and assets has become ever more important. A review of the system is needed so that it can be truly beneficial to the users.
There were a record-high 35,737 requests for the adult guardianship system last year. In place of those unable to make decisions on their own, due to dementia or mental disability, guardians, including relatives, manage their wards' assets and other matters. It is an effective system for protecting elderly people from falling victim to fraudulent business practices and the like.
Although the number of requests has reached a record high, the number of those who have used the system remains at around 210,000. Considering that the number of elderly people suffering from dementia is estimated to be more than 5 million, it is hard to say that the system has become widespread.
In addition to requests by their relatives, there are many cases in which heads of local governments -- cities, wards, towns and villages -- apply for the guardian system on behalf of elderly people with no relatives. Is there anyone who needs help but is left behind? Local municipalities should actively collect information from people, including social welfare workers, with knowledge of the actual state of local affairs.
A guardian's job is not limited to the management of their ward's assets. Respecting their ward's wishes and backing them in leading their life as they wish to is also an original purpose of the system. Livelihood support by guardians and so forth should be improved.
Efforts to increase the number of those becoming guardians are vital. Having not only wards' relatives but also trustworthy, ordinary people become citizen guardians is one option.
Stamp out fraud
The municipality of Shiki, Saitama Prefecture, is also making efforts to support guardians related to the wards, in addition to the fostering of citizen guardians. Shiki's advanced efforts to support the wards themselves and their families, in cooperation with a family court, welfare organizations and lawyers, could be a useful example to other local governments.
There are about 200 laws that have a "disqualification clause" that imposes blanket restrictions on the professions and qualifications of people who have become wards. This clause is a holdover from the era of the incompetency system, the predecessor of the guardian system. Because of this clause, those who use the system will lose their position or qualification in a number of professions, such as a public service employee, medical doctor or security guard.
A bill to rescind the disqualification clause has been submitted to the current session of the Diet. It should be unreasonable to compulsorily deprive people of their jobs without taking their individual circumstances into account. This has also become a factor in the disabled and others thinking twice about using the adult guardianship system. The repeal of the clause should be realized expeditiously.
Also not to be overlooked is the current state of affairs in which there seems to be no end to such fraudulent acts as the diversion of wards' assets.
According to the Supreme Court, fraudulent cases that came to light last year reached 294, with the amount of damage totaling about 1.44 billion yen. Among them, there were 11 cases of dishonest acts committed by professional guardians, such as lawyers and judicial scriveners.
Family courts, which are in charge of supervising guardians, have been unable to attend to everything due to the increase in the number of cases they have to handle. Professional guardians are ones who are supposed to supplement family courts' supervisory functions. Should those in charge of supervision be engaged in fraud, trust in the system would be greatly shaken.
The Supreme Court, the bar associations and other entities must make efforts to prevent such dishonest acts from occurring again.
(From The Yomiuri Shimbun, May 29, 2018)
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