Guardianship commences if:

①The person last exercising parental authority over a minor may designate a guardian for the minor by a will; provided, however, that this does not apply to a person who has no right to manage the minor's property.

②If one of the parents exercising parental authority does not have the right to manage the child's property, the other parent may designate a guardian for the minor pursuant to the provisions of the preceding paragraph.

①If there is no person to become the guardian of a minor pursuant to the provisions of the preceding Article, the family court may appoint a guardian for the minor at the request of the prospective minor ward, the relative thereof, or any other interested party. This also applies if the minor comes to no longer have such a guardian.

②Even if a minor has a guardian, the family court may appoint a further guardian 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 minor, or sua sponte.

③In appointing a guardian for a minor, the family court must consider the age, physical and mental condition, circumstances in the daily life, and financial circumstances of the minor 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 minor ward and the corporation or its representative), the opinion of the minor ward, and all other circumstances.

If the father or mother surrenders parental authority or the right to manage the child's property, or if the necessity of appointing a guardian for a minor arises as a result of a ruling affirming the loss of parental authority, suspending parental authority, or affirming the loss of the right to manage the child's property, the father or mother, without delay, must request the family court to appoint a guardian.

①The family court appoints a guardian for an adult sua sponte if it reaches the decision to establish a guardianship.

②If 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.

③Even 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.

④In 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.

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

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

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

None of the following persons may become a guardian:

A person who may designate a guardian for a minor may designate a supervisor for the guardian of the minor, by a will.

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

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

The duties of a guardian supervisor are as follows:

The provisions of Article 644; Article 654; Article 655; Article 844; Article 846; Article 847; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to a guardian supervisor; the provisions of Article 840, paragraph (3) and Article 857-2 apply mutatis mutandis to the supervisor for the guardian of a minor, and the provisions of Article 843, paragraph (4); Article 859-2; and Article 859-3 apply mutatis mutandis to the supervisor for the guardian of an adult.

①A guardian must undertake a search for the ward's assets 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.

②The search for assets and preparation of an inventory is not valid unless conducted in the presence of the guardian supervisor, if there is one.

Until completing the inventory of property, the guardian 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.

①If a guardian holds a claim against the ward or bears an obligation thereto, the guardian must report this to the supervisor, if there is one, before undertaking the search for assets.

②If a guardian knows of a claim that the guardian holds against the ward and does not report it, this claim is lost.

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

The guardian of a minor has the same rights and duties as a person exercising parental authority with respect to the matters prescribed in Article 820 through Article 823;provided, however, that in order to change the plan of education or residence fixed by a person exercising parental authority, in order to give the minor permission to do business, or in order to revoke or limit that permission, the guardian must obtain the consent of the supervisor, if there is one.

①If a minor ward has multiple guardians, they exercise their authority jointly.

②If 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.

③If 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.

④The family court may rescind, sua sponte, a determination under the provisions of the preceding two paragraphs.

⑤If a minor ward has multiple guardians, it is sufficient for a manifestation of intention by a third party be made to one of them.

The guardian of an adult, in undertaking administration in respect of the daily life, medical treatment or care, and management of the property 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 life.

①The guardian manages the ward's property and represents the ward in juridical acts involving the same.

②The provisions of the proviso to Article 824 apply mutatis mutandis to a case as referred to in the preceding paragraph.

①If 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.

②The family court may rescind, sua sponte, a determination under the provisions of the preceding paragraph.

③If 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; provided, however, that this does not apply if there is a guardian supervisor.

①If 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).

②The period of the commission prescribed in the preceding paragraph may not exceed six months.

③If 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.

④When the duties of the adult guardian have ended, the family court must revoke the commission prescribed in paragraph (1).

①When an adult guardian receives postal items, etc. addressed to the adult ward, the adult guardian may open and view them.

②An 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.

③An 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).

①Upon beginning in the role of guardian, the guardian 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 ward's property.

②A guardian pays the expenses necessary for administering the guardianship out of the ward's property.

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

①At any time, the guardian supervisor or the family court may demand that the guardian submit a report on the guardianship administration or an inventory of property, and may investigate the guardianship administration or the financial status of the ward.

②The family court may order any necessary disposition with respect to the management of the ward's property or other guardianship administration, at the request of the guardian supervisor, the ward, the relative thereof, or any other interested person, or sua sponte.

A guardian must obtain the consent of the guardian supervisor, if there is one, in order to do business or perform an act set forth in one of the items of Article 13, paragraph (1) on behalf of a 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 13, paragraph (1), item (i).

①The ward or guardian may disaffirm an act conducted or consented to by the guardian in violation of the provisions of the preceding Article. The provisions of Article 20 apply mutatis mutandis in such a case.

②The provisions of the preceding paragraph do not preclude the application of the provisions of Article 121 through Article 126.

①If a guardian acquires the property of the ward or the right of a third party against the ward, the ward may disaffirm that acquisition. In this case, the provisions of Article 20 apply mutatis mutandis.

②The provisions of the preceding paragraph do not preclude the application of the provisions of Article 121 through Article 126.

①The guardian of a minor acts in place of the minor ward in exercising any parental authority the ward holds.

②The provisions of Article 853 through Article 857 and Article 861 through Article 866 apply mutatis mutandis to a case as referred to in the preceding paragraph.

If the person exercising parental authority does not have the right to manage the minor's property, the guardian of that minor has authority only over the minor's property.

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

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

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

①A 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 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.

②The provisions of Article 20 and Article 121 through Article 126 apply mutatis mutandis to a case as referred to in the preceding paragraph.

①Interest must be calculated to accrue on money to be refunded by the guardian to the ward and money to be refunded by the ward to the guardian from the time the accounting for the guardianship is finalized.

②If the guardian expends the 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.

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

①The provisions of Article 832 apply mutatis mutandis to the extinctive prescription of a claim that arises between the guardian or guardian supervisor and the ward in respect of the guardianship.

②If a juridical act is canceled pursuant to the provisions of Article 872, the period of extinctive prescription referred to in the preceding paragraph commences from the time of that cancellation.