Civil Code

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.

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.