Civil Code

(Decisions for Commencement of Guardianship)Assistance

The family court may decide to commence a guardianshipan assistance in respect of a person who constantly lacks thewhose capacity to appreciate the person's own situation is inadequate due to a mental disorder or disabilityreasons, at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor for the guardian of a minor's guardian, the curator, minor, a person designated by the curator's supervisor, the assistant, the assistant's supervisorperson in question in a notarial instrument as a person who may request a decision for commencement of assistance, or a public prosecutor.

The issuance of a decision for commencement of assistance at the request of a person other than the person in question requires the consent of the person in question; provided, however, that this does not apply if the person in question is unable to manifest the person's intention.

If it is necessary to issue either a decision under the provisions of Article 9, paragraph (1) or Article 10, paragraph (1) or a decision under the provisions of Article 11, paragraph (1), a decision for commencement of assistance must be made concurrently with those decisions.

An assistant is appointed for a person subject to a decision for commencement of assistance.

(Adult Wards; Adult Guardians)Designation by Notarial Instrument

A person subject to a decision for commencement of guardianship becomes an adult ward, and an adult guardian is appointed for In making a designation by notarial instrument referred to in paragraph (1) of the preceding Article, the person in question must give the notary oral instructions to the effect that the person designates a specified person as a person who may request a decision for commencement of assistance.

The notarial instrument referred to in the preceding paragraph is to be prepared as provided for in the Notary Act (Act No. 53 of 1908).

If a person who cannot speak makes a designation referred to in paragraph (1), the person in question must, in the presence of the notary, state the matter prescribed in that paragraph through an interpreter or write it in the person's own hand, in lieu of the oral instructions referred to in that paragraph.

If a notarial instrument is prepared according to the formalities prescribed in the preceding paragraph, the notary must write or record an indication to that effect on the instrument.

(Juridical Acts by Adult Wards Under Guardianship)Decisions Requiring Person to Obtain Consent of Assistant, etc.

A juridical act performed by an adult ward may In any of the following cases, if the family court finds it to be revokednecessary, it may decide that a person subject to a decision for commencement of assistance must obtain the consent of the person's assistant in order to perform a specified act; provided, however, that this does not apply to the purchase of daily necessities or to any other act involved in day-to-day life.:

if a request is made by a person prescribed in Article 7, paragraph (1) when a decision for commencement of assistance is made;

if, after a decision for commencement of assistance has been made, a request is made by a person prescribed in Article 7, paragraph (1) or by the assistant or the assistant's supervisor.

The specified acts referred to in the preceding paragraph are those of the following acts that the family court specifies:

making a request for the deposit or withdrawal of deposits or savings;

receiving or using principal;

borrowing money or guaranteeing an obligation;

concluding a contract for work concerning major repairs of a building used as a residence or any other contract concerning the provision of significant services;

performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;

performing a procedural act;

giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));

accepting or renouncing a succession or dividing an estate;

refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;

granting a lease for a term that exceeds the period stated in Article 602;

performing any of the acts set forth in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor and a person subject to a decision under the provisions of the preceding paragraph or paragraph (1) of the following Article; the same applies below).

The issuance of a decision under the provisions of paragraph (1) at the request of a person other than the person in question requires the consent of the person in question; provided, however, that this does not apply if the person in question is unable to manifest the person's intention.

If the assistant does not consent to an act for which the assistant's consent must be obtained even though it is unlikely to prejudice the interests of a person subject to a decision for commencement of assistance, the family court may grant permission that operates in lieu of the assistant's consent, at the request of the person subject to a decision for commencement of assistance.

An act for which the assistant's consent must be obtained and which is performed without obtaining that consent or a permission that operates in lieu of it may be revoked.

If, when a decision under the provisions of paragraph (1) is made, there is a decision under the provisions of paragraph (1) of the following Article, the family court must set aside that decision.

(Setting Aside of Decisions for Commencement of Guardianship)Decisions to Appoint a Specified Assistant, etc.

If In any of the grounds prescribed in Article 7 ceasefollowing cases, if a person subject to exist, the family court must set aside the decision for the commencement of guardianship at the request a decision for commencement of assistance (including a person who is to become subject to a decision for commencement of assistance; the person same applies in question, that person's spouse, that person's relative withinparagraph (1) of the following Article) constantly lacks the fourth degree of kinship,capacity to appreciate the guardian (meaning a minor's guardian or an adult guardian;person's own situation due to mental reasons and the same applies below)family court finds it to be necessary, the guardian's supervisor (meaning the supervisor of a minor's guardian or the adult guardian's supervisor; the same applies below), or a public prosecutor.family court may decide, for that person, to appoint a specified assistant as an assistant having the authority prescribed in paragraph (5):

if a request is made by a person prescribed in Article 7, paragraph (1) when a decision for commencement of assistance is made;

if, after a decision for commencement of assistance has been made, a request is made by a person prescribed in Article 7, paragraph (1) or by the assistant or the assistant's supervisor.

If a decision under the provisions of the preceding paragraph has been made, an act set forth in the items of paragraph (2) of the preceding Article (excluding the purchase of daily necessities and other acts involved in day-to-day life) performed by the person subject to the decision under the provisions of that paragraph may be revoked.

If the family court finds it to be necessary, it may, at the request of a person prescribed in Article 7, paragraph (1), or the specified assistant or the assistant's supervisor, decide that, with regard to a specified act other than the acts set forth in the items of paragraph (2) of the preceding Article, an act performed by the person subject to the decision under the provisions of paragraph (1) may be revoked; provided, however, that this does not apply to the purchase of daily necessities or to any other act involved in day-to-day life.

If, when a decision under the provisions of paragraph (1) is made, there is a decision under the provisions of paragraph (1) of the preceding Article, the family court must set aside that decision.

A specified assistant has the authority to perform the following acts:

exercise of the right to revoke with respect to an act that may be revoked pursuant to the provisions of paragraph (2) or by a decision under the provisions of paragraph (3);

receipt of a manifestation of intention made to the person subject to a decision under the provisions of paragraph (1);

acts of preservation concerning the property of the person subject to a decision under the provisions of paragraph (1).

(Decisions for Commencement of Curatorship)to Grant Authority to Represent to an Assistant

The family court may decide to commence a curatorship in respectIn any of a person whose capacity to appreciate their own situation is extremely inadequate due to a mental disorder or disability, atthe following cases, if the request of the person in question, the person's spouse, the person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor,family court finds it to be necessary, it may issue a decision to grant the assistant, the assistant's supervisor, or authority to represent, for a public prosecutor; provided, however, that this does not applyperson subject to a person in respectdecision for commencement of whom a cause stated in Article 7 exists.assistance, in respect of specified juridical acts:

if a request is made by a person prescribed in Article 7, paragraph (1) when a decision for commencement of assistance is made;

if, after a decision for commencement of assistance has been made, a request is made by a person prescribed in Article 7, paragraph (1) or by the assistant or the assistant's supervisor.

The issuance of a decision under the provisions of the preceding paragraph at the request of a person other than the person in question requires the consent of the person in question; provided, however, that this does not apply if the person in question is unable to manifest the person's intention.

(Persons Under Curatorship; Curators)Setting Aside of Decisions for Commencement of Assistance, etc.

A person subject If the grounds prescribed in Article 7, paragraph (1) cease to a exist, the family court must set aside the decision for commencement of curatorship becomes assistance at the request of a person under curatorship, and a curator is appointed for that personprescribed in that paragraph, the assistant, or the assistant's supervisor.

A person under curatorship must obtain the consent of the curator in order to perform any of the following acts; provided, however, that this does not apply to an act provided for in the proviso of Article 9:

receiving or using principal;

borrowing money or guaranteeing an obligation;

performing an act with the purpose of acquiring or losing any right regarding immovables or other significant property;

performing a procedural act;

giving a gift, reaching a settlement, or entering into an arbitration agreement (meaning an arbitration agreement as provided in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003));

accepting or renouncing a succession or dividing an estate;

refusing an offer of a gift, renouncing a legacy, accepting an offer of gift with burden, or accepting a legacy with burden;

constructing a new building, renovating, expanding, or undertaking major repairs;

granting a lease for a term that exceeds the period stated in Article 602; or

performing any of the acts stated in the preceding items as a legal representative of a person with qualified legal capacity (meaning a minor, adult ward, or person under curatorship or a person under assistantship who is subject to a decision referred to in Article 17, paragraph (1); the same applies below).

At the request of a person referred to in the main clause of Article 11 or the curator or curator's supervisor, the family court may decide that the person under curatorship must also obtain the consent of the curator before performing an act other than those stated in each of the items of the preceding paragraph; provided, however, that this does not apply to an act provided for in the proviso to Article 9.

If the curator does not consent to an act for which the person under curatorship must obtain the curator's consent even though it is unlikely to prejudice the interests of the person under curatorship, the family court may grant permission that operates in lieu of the curator's consent at the request of the person under curatorship.

An act for which the person under curatorship must obtain the curator's consent may be revoked if the person performs it without obtaining the curator's consent or a permission that operates in lieu of it.

If the grounds prescribed in the main clause of Article 11 cease to exist, the family court must set aside the decision for the commencement of curatorship at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor of a minor's guardian, the curator, the curator's supervisor, or a public prosecutor.

At the request of a person provided for in the preceding paragraph, the family court may set aside all or part of the decision referred to in paragraph (2) of the preceding Article.

The family court may decide to commence an assistance in respect of a person whose capacity to appreciate their own situation is inadequate due to a mental disorder or disability, at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian, the guardian's supervisor, the curator, the curator's supervisor, or a public prosecutor; provided, however, that this does not apply to a person with respect to whom there are grounds as prescribed in Article 7 or the main clause of Article 11.

The issuance of a decision for commencement of assistance at the request of a person other than the person in question requires the consent of the person in question.

A decision for commencement of assistance must be made concurrent with a decision referred to in Article 17, paragraph (1) or a decision referred to in Article 876-9, paragraph (1).

A person subject to a decision for commencement of assistance becomes a person under assistantship, and an assistant is appointed for that person.

At the request of the person referred to in the main clause of Article 15, paragraph (1) or the assistant or assistant's supervisor, the family court may decide that the person under assistantship must obtain the consent of the person's assistant in order to perform a specific juridical act; provided, however, that the acts that such a decision may establish as those for which the person must obtain the consent of the assistant are restricted to a part of the acts provided for in Article 13, paragraph (1).

The issuance of a decision referred to in the preceding paragraph at the request of a person other than the person in question requires the consent of the person in question.

If the assistant does not consent to an act for which the person under assistantship must obtain the assistant's consent even though it is unlikely to prejudice the interests of the person under assistantship, the family court may grant permission that operates in lieu of the assistant's consent, at the request of the person under assistantship.

An act for which the person under assistantship must obtain the assistant's consent may be revoked if the person performs it without obtaining the assistance's consent or a permission that operates in lieu of it.

If the grounds prescribed in the main clause of Article 15, paragraph (1) cease to exist, the family court must set aside the decision for commencement of assistance at the request of the person in question, that person's spouse, that person's relative within the fourth degree of kinship, the guardian of a minor, the supervisor of a minor's guardian, the assistant, the assistant's supervisor, or a public prosecutor.

At the request of a person as prescribed in the preceding paragraph, the family court may set aside all or part of the decision referred to in paragraph (1) of the preceding Article.

If setting aside the decision referred to in paragraph (1) of the preceding Article and the decision referred to in Article 876-9, paragraph (1) in their entirety, the family court must set aside the decision for commencement of assistance.

If the family court decides to commence a guardianship and the person in question is a person under curatorship or a person under assistantship, it must set aside the decision for commencement of the curatorship or commencement of assistance respecting that person.

The provisions of the preceding paragraph apply mutatis mutandis if the court decides to commence a curatorship and the person in question is an adult ward or a person under assistantship or if the court decides to commence an assistance and the person in question is an adult ward or a person under curatorship.

If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of Article 9, paragraph (1) at the request of a person prescribed in Article 7, paragraph (1), the assistant, or the assistant's supervisor.

If the grounds prescribed in Article 10, paragraph (1) cease to exist, the family court must set aside the decision under the provisions of Article 10, paragraph (1) at the request of a person prescribed in Article 7, paragraph (1), the specified assistant, or the assistant's supervisor.

If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of Article 10, paragraph (1) or the decision under the provisions of paragraph (3) of that Article at the request of a person prescribed in Article 7, paragraph (1), the specified assistant, or the assistant's supervisor.

If the family court finds that it is no longer necessary, it may set aside all or part of the decision under the provisions of paragraph (1) of the preceding Article at the request of a person prescribed in Article 7, paragraph (1), the assistant, or the assistant's supervisor.

If all of the decisions under the provisions of Article 9, paragraph (1), Article 10, paragraph (1) and paragraph (1) of the preceding Article are set aside, the family court must set aside the decision for commencement of assistance.

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The second sentence of the preceding paragraph also applies if, before the person with qualified legal capacity becomes a person with the legal capacity to act, the other party to dealings involving the person with qualified legal capacity lodges the demand prescribed in the preceding paragraph with the legal representative, curator, or assistant of that person with respect to an act within the scope of their authority, and they fail to send a definite answer within the fixed period of time referred to in that paragraph.

The other party to dealings involving a person with qualified legal capacity may lodge a demand with a person under curatorship or with a person under assistantship who is subject to a decision referred to in under the provisions of Article 179, paragraph (1) to demand that the person get the curator or assistant to ratify an act within the fixed period referred to in paragraph (1). In such a case, if the person under curatorship or personsubject to a decision under assistantship the provisions of paragraph (1) of that Article does not send notice within that period indicating that the person has gotten the curator or assistant to ratify the act in question, the person is deemed to have revoked that act.

Any person may not assert a manifestation of intention against the other party to that if that other party had no mental capacity or was a minor or an adult warda person subject to a decision under the provisions of Article 10, paragraph (1) at the time of receiving it; provided, however, that this does not apply after either of the following persons learns of the manifestation of intention:

If the other party to a manifestation of intention is a person who constantly lacks the capacity to appreciate the person's own situation due to mental reasons and there is no person to receive the manifestation of intention on that person's behalf, the family court may appoint a special agent at the request of the person making the manifestation of intention.

The special agent referred to in the preceding paragraph may receive the manifestation of intention referred to in that paragraph on behalf of the person who constantly lacks the capacity to appreciate the person's own situation as referred to in that paragraph.

If the special agent referred to in paragraph (1) finds it necessary with regard to the person who constantly lacks the capacity to appreciate the person's own situation as referred to in that paragraph, the special agent may file a request for a decision under the provisions of Article 7, paragraph (1) or Article 11, paragraph (1).

If the cause prescribed in paragraph (1) ceases to exist, or in any other case where the family court finds that it is no longer necessary for the special agent set forth in that paragraph to perform the acts prescribed in the preceding two paragraphs, the family court must rescind the decision under the provisions of that paragraph at the request of the special agent set forth in paragraph (1) or an interested party, or sua sponte.

death of the agent, or order commencing bankruptcy proceeding or a decision for commencement under the provisions of guardianshipArticle 10, paragraph (1) against the agent.

if a legal representative or a curator oran assistant of a person with qualified legal capacity ratifies the act; or

if a person with qualified legal capacity (excluding an adult ward)a person who has received a decision under the provisions of Article 10, paragraph (1)) ratifies the act with the consent of a legal representative, curator or assistant.

(Minor or Adult Ward, Etc. and Postponement of Expiration of Prescription Period)

If a minor or an adult warda person who has received a decision under the provisions of Article 10, paragraph (1) has no legal representative during the period of six months preceding the expiration of the period of prescription, the prescription period does not expire with respect to that minor or adult ward that person who has received a decision under the provisions of that paragraph until six months pass from the time when that minor or adult ward that person who has received a decision under the provisions of that paragraph becomes a person with athe legal capacity to act, or a legal representative assumes the position.

If a minor or an adult ward has a right vis-a-vis the minor's or the adult ward's father, mother, or guardian of a minor who manages the property, the prescription period does not expire with respect to that right until six months have passed from the time when that minor or adult ward becomes a person with the legal capacity to act, or a succeeding legal representative assumes the position. The same applies if a person who has received a decision under the provisions of Article 10, paragraph (1) has a right vis-a-vis a specified assistant.

the mandatary is subject to a decision forunder the commencementprovisions of guardianshipArticle 10, paragraph (1).

the partner is subject to a decision forunder the commencementprovisions of guardianshipArticle 10, paragraph (1);

A person who has inflicted damage on another person while in a condition wherein the person lacked the capacity to appreciate their own liability for their acts due to a mental disorder or disabilityreasons is not liable to compensate for this; provided, however, that this does not apply if the person has temporarily caused that condition, intentionally or negligently.

No English for this provision yet.

An adult ward does not need the consent of a guardian in order to marry.

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The provisions of Articles 738,Article 739, and Article 747 apply mutatis mutandis to a divorce by agreement.

A father or a mother does not need the consent of a legal representative in order to acknowledge parentage, even if that father or mother is a minor or an adult ward.

(Adoption of a Minor Ward by the Guardian) of a Minor, Etc.

A guardian of a minor must obtain the permission of the family court in order to adopt a ward (meaning a minor ward or an adult ward; the same applies hereinafter). The same applies if the person's role as guardian of a minor has ended but the person has not finished accounting for the management of the ward's property.

The provisions of the preceding paragraph apply mutatis mutandis if a specified assistant adopts a person who has received a decision under the provisions of Article 10, paragraph (1).

The provisions of Article 738 and Article 739 apply mutatis mutandis to adoption.

(Annulment of an Adoption between a Guardian of a Minor and a Minor Ward , Etc. Occurring Without the Permission of the Family Court)

An adopted child or a natural relative of thereof may request the family court to annul an adoption that violates the provisions of Article 794, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article; the same applies in Article 817-2, paragraph (2));provided, however, that this does not apply if, after a full account is rendered of the management of the child's property, the adopted child ratifies the adoption or six months are allowed to pass.

The provisions of Article 738, Article 739, and Article 747 apply mutatis mutandis to the dissolution of an adoptive relationship. In this case, the term "three months" in Article 747, paragraph (2) is deemed to be replaced with "six months".

The permission referred to in Article 794, paragraph (1) and Article 798 is not required in order for a person to make the request referred to in the provisions of the preceding paragraph.

Chapter V Guardianship of Minors

Section 1 Commencement of Guardianship of Minors

Guardianship of a minor commences if: there is no person exercising parental authority over a minor, or if the person exercising parental authority does not have the right to manage the minor's property.

there is no person exercising parental authority over a minor, or the person exercising parental authority does not have the right to manage the minor's property;

there has been a decision to establish a guardianship.

Section 2 Mechanisms for the Guardianship Mechanismsof Minors

Subsection 1 Guardians of Minors

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The family court appoints a guardian for an adult sua sponte if it reaches the decision to establish a guardianship.

If an adult ward comes to no longer have a guardian, the family court appoints a guardian at the request of the adult ward, the relative or other interested party thereof, or sua sponte.

Even if an adult has been appointed a guardian, the family court may appoint a further guardian for the adult if it finds this to be necessary, at the request of a person provided for in the preceding paragraph, at the request of the guardian of the adult, or sua sponte.

In appointing a guardian for an adult, the family court must consider the physical and mental condition, circumstances in the daily life, and financial circumstances of the adult ward, the occupation and personal history of the person becoming the guardian, the existence of any vested interest between them (if the person becoming the guardian is a corporation, the type and content of its business and the existence of any vested interest between the adult ward and the corporation or its representative), the opinion of the adult ward, and all other circumstances.

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(Resignation of the Guardian) of a Minor

If there is a legitimate reason, the guardian of an adulta minor may resign from the role of guardian, with the permission of the family court.

(Request by the Resigning Guardian of a Minor for the Appointment of a New Guardian) of a Minor

If the need arises for a new guardian of a minor to be appointed due to a guardian's guardian of a minor's resignation from the role, the resigning guardian of a minor, without delay, must request the family court to appoint a new guardian of a minor.

(Dismissal of the Guardian) of a Minor

In the event of an unlawful act or grave misconduct on the part of the guardian of a minor or in the event of any other circumstances that render the guardian of a minor unfit for the duties of the guardianship of a minor, the family court may replace the guardian of a minor at the request of the supervisor for the guardian supervisorof a minor, the minor ward, the relative thereof, or the public prosecutor, or sua sponte.

(Grounds for Ineligibility as Guardian) of a Minor

None of the following persons may become a guardian of a minor:

a legal representative, curator, or assistant who has been replaced by the family court (excluding one who was replaced on the grounds set forth in Article 876-5, item (iii));

a person who is bringing or has brought an action against the minor ward, the spouse of such a person, or a lineal blood relative thereof; or

Subsection 2 Supervisors for the Guardian Supervisorsof a Minor

(Appointment of a Supervisor for the Guardian Supervisor)of a Minor

The family court may appoint a supervisor for the guardian supervisor of a minor if it finds this to be necessary, at the request of a minor ward or the relative thereof, at the request of the guardian of a minor, or sua sponte.

(Grounds for Ineligibility as Supervisor for the Guardian Supervisor)of a Minor

The spouse, lineal blood relative, or sibling of the guardian of a minor may not become the supervisor of thatfor the guardian of a minor.

(Duties of the Supervisor for the Guardian Supervisor)of a Minor

The duties of a supervisor for the guardian supervisorof a minor are as follows:

to supervise the administration of the guardian of a minor;

to apply to the family court without delay to appoint a guardian of a minor if there comes to no longer be a guardian of a minor;

to represent the minor ward with respect to acts that constitute a conflict of interest between the minor ward and the guardian of a minor or the person representing the guardian of a minor represents.

(Mutatis Mutandis Application of Mandate and Guardian of a Minor Provisions)

The provisions of Article 644; Article 654; Article 655; Article 844; Article 846; Article 847; Article 861840, paragraph (23); and Article 862 apply mutatis mutandis to a guardian supervisor; the provisions of 844; Article 840, paragraph (3) and846; Article 857-2 apply mutatis mutandis to the supervisor for the guardian of a minor, and the provisions of847; Article 858; Article 843861, paragraph (42); Article 859-2; and Article 859-3862 apply mutatis mutandis to thea supervisor for the guardian of an adulta minor.

Section 3 Administration of the Guardianship Administrationof a Minor

A guardian of a minor must undertake a search for the minor ward's assetsproperty without delay, and must finish the search and prepare an inventory within one month; provided, however, that this period may be extended with the approval of the family court.

The search for assets and preparation of an inventory is not valid unless conducted in the presence of the supervisor for the guardian supervisorof a minor, if there is one.

Until completing the inventory of property, the guardian of a minor has only the authority to take those actions that urgently need to be taken; provided, however, that this may not be asserted against a third party in good faith.

(Guardian's Duty of the Guardian of a Minor to Report Claims and Obligations in Respect of the Minor Ward)

If a guardian of a minor holds a claim against the minor ward or bears an obligation thereto, the guardian of a minor must report this to the supervisor for the guardian of a minor, if there is one, before undertaking the search for assets.

If a guardian of a minor knows of a claim that the guardian holds against the minor ward and does not report it, this claim is lost.

(Mutatis Mutandis Application of Provisions If a Minor Ward Acquires Property under Universal Title)

The provisions of the preceding three Articles apply mutatis mutandis if the minor ward acquires property under universal title after the guardian of a minor begins that role.

If a minor ward has multiple guardians, they exercise their authority jointly.

If a minor ward has multiple guardians, the family court may determine sua sponte that some of the guardians may only exercise their authority over the minor's property.

If a minor ward has multiple guardians, the family court may determine sua sponte that each guardian may exercise authority independently, or that the multiple guardians must exercise their authority according to a division of labor, in respect of their authority over the minor's property.

The family court may rescind, sua sponte, a determination under the provisions of the preceding two paragraphs.

If a minor ward has multiple guardians, it is sufficient for a manifestation of intention by a third party be made to one of them.

(Respect for the Wishes of the Adult Ward, Personal Consideration)Exercise of Authority, Etc. When There Are Multiple Guardians of a Minor

The guardian of an adult, in undertaking administration in respect of the daily life, medical treatment or care, and management of the propertyIf there are multiple guardians of the adult ward, must respect the wishes of the adult ward and act with consideration for the ward's mental and physical condition and circumstances in the ward's daily lifea minor, they exercise their authority jointly.

If a minor ward has multiple guardians, the family court may determine sua sponte that some of the guardians may only exercise their authority over the minor's property.

If a minor ward has multiple guardians, the family court may determine sua sponte that each guardian may exercise authority independently, or that the multiple guardians must exercise their authority according to a division of labor, in respect of their authority over the minor's property.

The family court may rescind, sua sponte, a determination under the provisions of the preceding two paragraphs.

If a minor ward has multiple guardians, it is sufficient for a manifestation of intention by a third party to be made to one of them.

The guardian of a minor manages the minor ward's property and represents the minor ward in juridical acts involving the same.

If an adult ward has multiple guardians, the family court may determine, sua sponte, that the guardians must exercise their authority jointly or according to a division of labor.

The family court may rescind, sua sponte, a determination under the provisions of the preceding paragraph.

If an adult ward has multiple guardians, it is sufficient for a manifestation of intention by a third party to be made to one of them.

The guardian of an adult must obtain the permission of the family court to sell, rent out, cancel the lease on, establish a mortgage on, or otherwise similarly dispose, on the adult ward's behalf, of a building or site being used as the ward's residence.

The provisions of Article 826 apply mutatis mutandis to a guardian of a minor; provided, however, that this does not apply if there is a supervisor for the guardian supervisorof a minor.

If the family court finds it necessary for an adult guardian to perform the guardian's duties, it may, at the request of the adult guardian, commission a person engaged in the business of delivering correspondence to deliver to the adult guardian, for a specified period, postal items addressed to the adult ward or correspondence delivery items prescribed in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) (referred to as "postal items, etc." in the following Article).

The period of the commission prescribed in the preceding paragraph may not exceed six months.

If circumstances change after a ruling under paragraph (1) has been issued, the family court may revoke or modify the commission prescribed in that paragraph, at the request of the adult ward, the adult guardian, or the adult guardian's supervisor, or sua sponte; provided, however, that in the ruling for the modification, the period determined in the ruling under that paragraph may not be extended.

When the duties of the adult guardian have ended, the family court must revoke the commission prescribed in paragraph (1).

When an adult guardian receives postal items, etc. addressed to the adult ward, the adult guardian may open and view them.

An adult guardian must promptly deliver to the adult ward those of the postal items, etc. referred to in the preceding paragraph that the adult guardian has received which do not relate to the adult guardian's duties.

An adult ward may request the adult guardian to allow inspection of the postal items, etc. referred to in paragraph (1) that the adult guardian has received (excluding those delivered to the adult ward under the preceding paragraph).

(Estimation of Expenditures, Expenses of Guardianshipthe Administration) of the Guardianship of a Minor

Upon beginning in the role of guardian, the guardian of a minor must estimate the amount of money that will be required in annual expenditures for the daily life, education, medical treatment and care, and management of the minor ward's property.

A guardian of a minor pays the expenses necessary for administering the administration of the guardianship of a minor out of the minor ward's property.

(Remuneration of the Guardian) of a Minor

The family court may grant reasonable remuneration to a guardian of a minor out of the minor ward's property, based on the details of the administration of the guardianship of a minor, the financial capacity of the guardian of a minor and the minor ward, and other circumstances.

(Supervision of Guardianshipthe Administration) of the Guardianship of a Minor

At any time, the supervisor for the guardian supervisor of a minor or the family court may demand that the guardian of a minor submit a report on the administration of the guardianship administration of a minor or an inventory of property, and may investigate the administration of the guardianship administration of a minor or the financial status of the wardminor ward's property.

The family court may order any necessary disposition with respect to the management of the minor ward's property or other administration of the guardianship administrationof a minor, at the request of the supervisor for the guardian supervisorof a minor, the minor ward, the relative thereof, or any other interested person, or sua sponte.

(Acts Requiring the Consent of the Supervisor for the Guardian Supervisor)of a Minor

A guardian of a minor must obtain the consent of the supervisor for the guardian supervisorof a minor, if there is one, in order to do business or perform an act set forth in one of the items of Article 139, paragraph (12) on behalf of a minor ward, or in order to give consent for a minor ward to do the same; provided, however, that this does not apply to the receipt of principal set forth in Article 139, paragraph (12), item (iii).

The minor ward or the guardian of a minor may disaffirm an act conducted or consented to by the guardian of a minor in violation of the provisions of the preceding Article. The provisions of Article 20 apply mutatis mutandis in such a case.

(Ward's Disaffirmance by a Minor Ward of the Acquisition of the Minor Ward's Property), etc.

If a guardian acquires the property ofof a minor acquires the ward minor ward's property or the right of a third party against the minor ward, the minor ward may disaffirm that acquisition. In this case, the provisions of Article 20 apply mutatis mutandis.

The provisions of Article 644 and Article 830 apply mutatis mutandis to guardianship of a minor.

Section 4 End of Guardianship of a Minor

(Accounting for the Guardianship) of a Minor

When the duties of a guardian of a minor come to an end, the guardian of a minor or the heir thereof must account for the guardian's management of the ward's property (hereinafter referred to as "accounting for the guardianship of a minor") within two months; provided, however, that this period may be extended with the approval of the family court.

Accounting for the guardianship of a minor must be done in the presence of the supervisor for the guardian supervisorof a minor, if there is one.

A minor ward may rescind a contract entered into with the guardian or the successor thereof after attaining the age of majority but before the accounting for the guardianship of a minor has been finalized. The same applies to a unilateral juridical act that the person performs against the guardian of a minor or the successor thereof.

Interest must be calculated to accrue on money to be refunded by the guardian of a minor to the minor ward and money to be refunded by the minor ward to the guardian of a minor from the time the accounting for the guardianship of a minor is finalized.

If the guardian of a minor expends the minor ward's money for the benefit of the guardian, interest must be calculated to accrue on that money from the time of the expenditure. In such a case, if further damage is incurred by the ward, the guardian is liable for compensation.

If an adult ward dies, an adult guardian may, when necessary, perform the acts set forth in the following items until an heir becomes able to administer the estate, except where it is clear that doing so would be contrary to the intention of the heir of the adult ward; provided, however, that to perform the act set forth in item (iii), the adult guardian must obtain the permission of the family court.

an act necessary for the preservation of specific property belonging to the estate;

performance of an obligation belonging to the estate (limited to one that is due and payable);

the conclusion of a contract concerning the cremation or burial of the adult ward's body, or any other act necessary for the preservation of the estate (excluding the acts set forth in the preceding two items).

The provisions of Article 654 and Article 655 apply mutatis mutandis to guardianship of a minor.

(Extinctive Prescription of Claims Arising in Respect of Guardianship)the Affairs of a Guardian of a Minor or a Supervisor for the Guardian of a Minor

The provisions of Article 832 apply mutatis mutandis to the extinctive prescription of a claim that arises between the guardian of a minor or guardianthe supervisor for the guardian of a minor and the minor ward in respect of the guardianshipaffairs of the guardian of a minor or the supervisor for the guardian of a minor.

Chapter VI Curatorship, Assistance

Section 1 CuratorshipCommencement of Assistance

(Commencement of Curatorship)

No English for the amended wording yet.

CuratorshipAssistance commences upon a decision to establish a curatorshipan assistance.

Section 2 Assistance Mechanisms

Subsection 1 Assistants

(Appointment of a Curator or Temporary Curator)an Assistant, Etc.

If the family court issues a decision to establish a curatorshipan assistance, it appoints a curatoran assistant sua sponte.

The provisions of Article 843, paragraphs (2) through (4) and Article 844 through Article 847 apply mutatis mutandis to a curatorIf there comes to no longer be an assistant, the family court appoints an assistant at the request of the person under assistance, the relative or other interested party thereof, or sua sponte.

If Even if an action involves a conflict of interest between the curator or person representing the curator and the person under curatorship, the curator mustassistant has been appointed, the family court may appoint a further assistant if it finds this to be necessary, at the request the family court to appoint a temporary curator; provided, however, that this does not apply if there is a curator supervisorof a person provided for in the preceding paragraph, at the request of the assistant, or sua sponte.

In appointing an assistant, the family court must consider the opinion of the person under assistance (including a person who is to become subject to a decision to establish an assistance; the same applies hereinafter in this paragraph and in Article 876-6, item (iv)), the physical and mental condition, circumstances in the daily life, and financial circumstances of the person under assistance, the occupation and personal history of the person becoming the assistant, the existence of any vested interest between them (if the person becoming the assistant is a corporation, the type and content of its business and the existence of any vested interest between the person under assistance and the corporation or its representative), and all other circumstances.

When newly appointing an assistant for a person who has received a decision under the provisions of Article 10, paragraph (1), the family court determines, sua sponte, that the assistant is a specified assistant.

(Curator Supervisor)Resignation of an Assistant

The family court may appointIf there is a curator supervisor, if it finds this to be necessary, atlegitimate reason, an assistant may resign from the requestrole of the person under curatorship, assistant, with the relative thereof,permission of the curator, or sua spontefamily court.

The provisions of Article 644; Article 654; Article 655; Article 843, paragraph (4); Article 844; Article 846; Article 847; Article 850; Article 851; Article 859-2; Article 859-3; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to a curator supervisor. In this case, the phrase "to represent the ward with respect to" in Article 851, item (iv) is deemed to be replaced with "to represent the person under curatorship, or consent to the person under curatorship acting, with respect to".

(Ruling GrantingRequest by the Curator Resigning Assistant for the Authority to Represent)Appointment of a New Assistant

AtIf the request of a person provided for in the main clause of Article 11, the curator, orneed arises for a new assistant to be appointed due to an assistant's resignation from the curator supervisorrole, the family court may issue a ruling that grantsresigning assistant, without delay, must request the curator authorityfamily court to represent the person under curatorship in respect of specified juridical actsappoint a new assistant.

A ruling as referred to in the preceding paragraph which is issued at the request of any person other than the person under curatorship requires the consent of the person under curatorship.

The family court may rescind a ruling as referred to in paragraph (1), in whole or in part, at the request of a person provided for in that paragraph.

(Curatorship Administration; EndDismissal of the Curator's Role)an Assistant

A curator, in administeringIf any of the curatorship, must respect the wishes offollowing grounds exists, the person under curatorship and act with consideration forfamily court may replace the assistant at the mental and physical condition ofrequest of the assistant's supervisor, the person under curatorship and circumstances in that person's daily life.assistance, the relative thereof, or a public prosecutor, or sua sponte:

The provisions of Article 644; Article 859-2; Article 859-3; Article 861, paragraph (2); Article 862; and Article 863 apply mutatis mutandis to the administration of a curatorship, and the provisions of the proviso to Article 824 apply mutatis mutandis when a curator represents a person under curatorship based on a ruling granting authority to represent as referred to in paragraph (1) of the preceding Article.

The provisions of Article 654, Article 655, Article 870, Article 871, and Article 873 apply mutatis mutandis when the duties of a curator end, and the provisions of Article 832 apply mutatis mutandis to claims that arise between the curator or curator supervisor and the person under curatorship in respect of the curatorship.

the assistant has committed an unlawful act;

it is inappropriate for the assistant to continue in the assistant's duties because the assistant has grossly violated those duties; or

it is particularly necessary for the benefit of the person under assistance.

(Commencement of Assistance)Grounds for Ineligibility as an Assistant

Assistance commences upon a decision to establishNone of the following persons may become an assistance.assistant:

a minor;

a legal representative or assistant who has been replaced by the family court (excluding one who was replaced on the grounds set forth in item (iii) of the preceding Article);

a bankrupt;

a person who is bringing or has brought an action against the person under assistance, the spouse of such a person, or a lineal blood relative thereof; or

a person whose whereabouts are unknown.

Subsection 2 Assistant Supervisors

(Appointment of an Assistant or Temporary Assistant)Supervisor

If theThe family court issues a decision may appoint an assistant supervisor if it finds this to establish an be necessary, at the request of the person under assistance, it appoints an the relative thereof, the assistant, or sua sponte.

The provisions of Article 843, paragraphs (2) through (4) and Article 844 through Article 847 apply mutatis mutandis to an assistant.

If an action involves a conflict of interest between the assistant or person representing the assistant and the person under assistance, the assistant must request the family court to appoint a temporary assistant; provided, however, that this does not apply if there is an assistant supervisor.

(Grounds for Ineligibility as an Assistant Supervisors)Supervisor

The family court may appoint an assistant supervisor if it finds this to be necessary, at the requestspouse, lineal blood relative, or sibling of the person under assistance, the relative thereof, theassistant may not become an assistant, or sua sponte supervisor.

The provisions of Article 644; Article 654; Article 655; Article 843, paragraph (4); Article 844; Article 846; Article 847; Article 850; Article 851; Article 859-2; Article 859-3; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to an assistant supervisor. In this case, the phrase "to represent the ward with respect to" in Article 851, item (iv) is deemed to be replaced with "to represent the person under assistance, or consent to the person under assistance acting, with respect to".

(Ruling GrantingDuties of the Assistant the Authority to Represent)Supervisor

At the request of a person provided for in the main clauseThe duties of Article 15, paragraph (1), the assistant, or thean assistant supervisor, the family court may issue a ruling that grants the assistant authority to represent the person under assistance in respect of specified juridical acts. are as follows:

The provisions of Article 876-4, paragraph (2) and paragraph (3) apply mutatis mutandis to the ruling referred to in the preceding paragraph.

to supervise the administration of the assistant;

to apply to the family court without delay to appoint an assistant if there comes to no longer be an assistant;

to take the necessary measures if there are pressing circumstances; and

to represent the person under assistance, or consent to the person under assistance acting, with respect to acts that constitute a conflict of interest between the assistant or the person the assistant represents and the person under assistance.

(Assistance Administration; EndMutatis Mutandis Application of the Assistant's Role)Mandate and Assistant Provisions

The provisions of Article 644; Article 859-2654; Article 859-3655; Article 861876-2, paragraph (24); Article 862876-3; Article 863; and 876-5; Article 876-5, paragraph (1) apply mutatis mutandis to the administration of assistance,876-6; Article 876-12; Article 876-13; Article 876-18; and the provisions of the proviso to Article 824876-19 apply mutatis mutandis whento an assistant represents a person under assistance based on a ruling granting the assistant authority to represent as referred to in paragraph (1) of the preceding Articlesupervisor.

The provisions of Article 654, Article 655, Article 870, Article 871, and Article 873 apply mutatis mutandis when the duties of the assistant end, and the provisions of Article 832 apply mutatis mutandis to claims that arise between the assistant or assistant supervisor and the person under assistance in respect of the assistance.

Section 3 Assistance Administration

In performing the administration of assistance, an assistant must make sure to ascertain the wishes of the person under assistance regarding that administration, in accordance with the mental and physical condition of the person under assistance, by an appropriate method such as providing that person with information regarding the administration and hearing that person's statements regarding it.

In performing the administration of assistance, an assistant must respect the wishes of the person under assistance ascertained by the method prescribed in the preceding paragraph, and must give consideration to that person's mental and physical condition and circumstances in daily life.

If there are multiple assistants, the family court may determine, sua sponte, that the assistants must exercise their authority jointly or according to a division of labor.

The family court may rescind, sua sponte, a determination under the provisions of the preceding paragraph.

If there are multiple assistants (limited to a specified assistant or an assistant who has received a ruling granting authority to represent as referred to in Article 11, paragraph (1)), it is sufficient for a manifestation of intention by a third party to be made to one of them.

If a decision under the provisions of Article 11, paragraph (1) has been made concerning the sale, rental, cancellation of a lease, establishment of a mortgage, or other similar disposal of a building or site being used as the residence of the person under assistance, an assistant who has been granted authority to represent by that decision must obtain the permission of the family court to make those dispositions.

If an action involves a conflict of interest between the assistant or person representing the assistant and the person under assistance, the assistant must request the family court to appoint a temporary assistant; provided, however, that this does not apply if there is an assistant supervisor.

A specified assistant must undertake a search for the assets of the person who has received a decision under the provisions of Article 10, paragraph (1) without delay after being appointed or determined as a specified assistant, and must finish the search and prepare an inventory within one month; provided, however, that this period may be extended with the approval of the family court.

The search for assets and preparation of an inventory is not valid unless conducted in the presence of the assistant supervisor, if there is one.

The provisions of the preceding two paragraphs apply mutatis mutandis if the person who has received a decision under the provisions of Article 10, paragraph (1) acquires property under universal title after the specified assistant was appointed or determined.

If the family court finds it necessary for a specified assistant to perform the assistant's duties, it may, at the request of the specified assistant, commission a person engaged in the business of delivering correspondence to deliver to the specified assistant, for a specified period, postal items addressed to the person who has received a decision under the provisions of Article 10, paragraph (1), or correspondence items prescribed in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) (referred to as "postal items, etc." in the following Article).

The period of the commission referred to in the preceding paragraph may not exceed six months.

If circumstances change after a decision under the provisions of paragraph (1) is made, the family court may revoke or change the commission referred to in paragraph (1), at the request of the person who has received a decision under the provisions of Article 10, paragraph (1), the specified assistant, or the assistant supervisor, or sua sponte; provided, however, that in the decision to change it, the period determined in the decision under the provisions of that paragraph may not be extended.

When the duties of the specified assistant end, the family court must revoke the commission referred to in paragraph (1).

When a specified assistant has received postal items, etc. addressed to the person who has received a decision under the provisions of Article 10, paragraph (1), the specified assistant may open and view them.

A specified assistant must promptly deliver to the person who has received a decision under the provisions of Article 10, paragraph (1) any of the postal items, etc. referred to in the preceding paragraph that the specified assistant has received and that do not relate to the specified assistant's duties.

A person who has received a decision under the provisions of Article 10, paragraph (1) may request the specified assistant to allow the person to view the postal items, etc. referred to in paragraph (1) that the specified assistant has received (excluding those delivered to the person who has received a decision under the provisions of paragraph (1) of that Article pursuant to the provisions of the preceding paragraph).

Expenses necessary for an assistant to perform the administration of assistance are paid out of the property of the person under assistance.

The family court may grant reasonable remuneration to an assistant out of the property of the person under assistance, based on the details of the administration of assistance, the financial capacity of the assistant and the person under assistance, and other circumstances.

At any time, the assistant's supervisor or the family court may demand that the assistant submit a report on the administration of assistance or an inventory of property, and may investigate the administration of assistance or the status of the property of the person under assistance.

The family court may order any necessary disposition with respect to the administration of assistance, at the request of the assistant's supervisor, the person under assistance, the relative thereof, or any other interested party, or sua sponte.

An assistant must report to the family court the status of the person under assistance and other matters ordered by the family court, once a year at a fixed time, as determined by the family court.

If the family court has received a report under the provisions of the preceding paragraph and the case falls under one of those prescribed in Article 12, paragraphs (1) through (5), it may, sua sponte, make a decision under the provisions of paragraphs (1) through (5) of that Article.

The provisions of Article 644 apply mutatis mutandis to the administration of assistance, and the provisions of the proviso to Article 824 apply mutatis mutandis when an assistant (limited to a person who has received a ruling granting authority to represent as referred to in Article 11, paragraph (1); the same applies in the following Article and Article 876-25) represents a person under assistance based on a ruling granting authority to represent as referred to in that paragraph.

Section 4 End of Assistance

When the duties of an assistant come to an end, the assistant or the heir thereof must account for the assistant's management (hereinafter referred to as "accounting for the assistance") within two months; provided, however, that this period may be extended with the approval of the family court.

Accounting for the assistance must be done in the presence of the assistant supervisor, if there is one.

Interest must be calculated to accrue on money to be refunded by an assistant to the person under assistance and money to be refunded by the person under assistance to an assistant from the time the accounting for the assistance is finalized.

If an assistant expends the money of the person under assistance for the assistant's own benefit, interest must be calculated to accrue on that money from the time of the expenditure. In such a case, if any damage still remains, the assistant is liable to compensate for this.

If a person under assistance dies, an assistant may, if necessary, enter into a contract for the cremation or burial of the body with the permission of the family court.

If a person under assistance dies, an assistant may, if necessary, perform any of the following acts (limited to acts within the scope of authority at the time of the death) until the heir is able to manage the estate, except where it is clear that doing so would be contrary to the intention of the heir of the person under assistance; provided, however, that the assistant must obtain the permission of the family court to perform the act set forth in item (iii):

an act necessary for the preservation of specific property belonging to the estate;

payment of an obligation belonging to the estate (limited to an obligation that is due and payable); or

an act necessary for the preservation of the estate, other than those set forth in the preceding two items.

The provisions of Article 654 and Article 655 apply mutatis mutandis to assistance.

The provisions of Article 832 apply mutatis mutandis to the extinctive prescription of a claim that arises between the assistant or assistant supervisor and the person under assistance in respect of the affairs of the assistant or assistant supervisor.

If an heir is a minor or an adult ward, a person who has received a decision under the provisions of Article 10, paragraph (1), the period referred to in Article 915, paragraph (1) is calculated from the time that the legal representative thereof learns that the succession has opened to the minor or adult wardthe person who has received a decision under the provisions of Article 10, paragraph (1).

The provisions of Article 5, Article 9, Article 13, and Article 1710 do not apply to wills.