Civil Code

CuratorshipAssistance commences upon a decision to establish a curatorshipan assistance.

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.

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.

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 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 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.

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.

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 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.

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:

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.

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.

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.