Civil Code

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.

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.

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.

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).