Domestic Relations Case Procedure Act

An adjudication case for the commencement of guardianship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (1); the same applies in the following paragraph and item (i) of the following Article) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a person who is to be an adult under guardianship.

Adjudication cases regarding the guardianship of an adult (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (1) through (16)-2), except for an adjudication case for the commencement of guardianship, are subject to the jurisdiction of a family court that has made a ruling of the commencement of guardianship (if the court in charge of an appeal has made a judicial decision of the commencement of guardianship, the family court that is the court of first instance); provided, however, that if an adjudication case for the commencement of guardianship is pending before a family court, these cases are subject to the jurisdiction of that family court.

In the following adjudication cases (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (i), (iv), and (vi) as cases on the merits), a person who is or is to be an adult under guardianship may participate in proceedings themselves, not through their legal representative, notwithstanding the provisions of Article 31 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 17, paragraph (1). The same applies when the person is a person under curatorship or a person under assistance (limited to a person under assistance who is required to obtain consent from the assistant for performing procedural acts) and the person has not obtained consent from the curator or supervisor of the curator or the assistant or supervisor of the assistant:

an adjudication case for the commencement of guardianship;

an adjudication case for the revocation of a ruling of the commencement of guardianship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (2));

an adjudication case for the appointment of a guardian of an adult (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (3));

an adjudication case for the dismissal of a guardian of an adult (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (5); the same applies in Article 127, paragraph (1));

an adjudication case for the appointment of a supervisor of a guardian of an adult (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (6));

an adjudication case for the dismissal of a supervisor of a guardian of an adult (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (8); the same applies in Article 127, paragraph (5));

an adjudication case for the appointment of a special representative for an adult under guardianship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (12));

an adjudication case for the commission of delivery of a postal item or a letter item prescribed in Article 2, paragraph (3) of the Act on Correspondence Delivery by Private Business Operators (Act No. 99 of 2002) (hereinafter referred to as a "postal item, etc.") that is addressed to an adult under guardianship, and for the rescission or change of that commission (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (12)-2; referred to as an "adjudication case for the commission of, or the rescission or change of the commission of, delivery of a postal item, etc. addressed to an adult under guardianship" in Article 123-2);

an adjudication case for the supervision of the affairs of the guardianship of an adult (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (14)); and

an adjudication case of a disposition regarding the administration of property offered to an adult under guardianship by a third party (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (15); the same applies in Article 125, paragraphs (1) and (2)).

A family court may not make a ruling of the commencement of guardianship unless it conducts an expert examination concerning the mental state of a person who is to be an adult under guardianship; provided, however, that this does not apply if it finds such examination to be obviously unnecessary.

A family court may not make a ruling to revoke a ruling of the commencement of guardianship under the provisions of Article 10 of the Civil Code unless it hears the opinion of a physician concerning the mental state of an adult under guardianship; provided, however, that this does not apply if it finds the hearing of opinions to be obviously unnecessary.

When making the rulings set forth in the following items, the family court must hear statements from the persons specified respectively in these items (in items (i) through (iii), excluding the petitioner); provided, however, that this does not apply to a person who is or is to be an adult under guardianship if it is impossible to hear their statements due to the mental or physical disability of the adult under guardianship:

a ruling of the commencement of guardianship:the person who is to be an adult under guardianship;

a ruling to revoke a ruling of the commencement of guardianship (limited to the case under the provisions of Article 10 of the Civil Code):the adult under guardianship and a guardian of that adult;

a ruling of the appointment of a guardian of an adult or supervisor of a guardian of an adult:the person who is or is to be an adult under guardianship;

a ruling of the dismissal of a guardian of an adult:the guardian of an adult;

a ruling of the dismissal of a supervisor of a guardian of an adult:the supervisor of a guardian of an adult; and

a ruling of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:the adult under guardianship.

When making the rulings set forth in the following items, the family court must hear the opinions of the persons specified respectively in these items:

a ruling of the appointment of a guardian of an adult:the person who is to be a guardian of an adult; and

a ruling of the appointment of a supervisor of a guardian of an adult:the person who is to be a supervisor of a guardian of an adult.

The following petitions may not be withdrawn without permission from the family court, even before a ruling is made:

a petition for the commencement of guardianship;

a petition for the appointment of a guardian of an adult under the provisions of Article 843, paragraph (2) of the Civil Code; and

a petition for the appointment of a guardian of an adult under the provisions of Article 843, paragraph (3) of the Civil Code filed by a person who must request the appointment pursuant to the provisions of Article 845 of the Code.

Notice of the rulings set forth in the following items must be given to the person specified in the respective items. In this case, the provisions of Article 74, paragraph (1) do not apply to the person who is or is to be an adult under guardianship:

a ruling of commencement of guardianship:the person who is to be an adult under guardianship; and

a ruling of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:the adult under guardianship.

Notice of a ruling of the commission of delivery of a postal item, etc. addressed to an adult under guardianship and a ruling of the rescission or change of that commission is not required to be given to the person engaged in the correspondence delivery service. In this case, notice of these rulings must be given to the person engaged in the correspondence delivery service when the relevant ruling becomes effective.

Notice of the rulings set forth in the following items must be given to the persons specified respectively in these items, beyond the persons prescribed in Article 74, paragraph (1):

a ruling of the commencement of guardianship:the person who is appointed as a guardian of an adult pursuant to the provisions of Article 843, paragraph (1) of the Civil Code, and the voluntarily appointed guardian and the supervisor of the voluntarily appointed guardian under a voluntary guardianship contract that is to terminate pursuant to the provisions of Article 10, paragraph (3) of the Act on the Voluntary Guardianship Contract (Act No. 150 of 1999; hereinafter referred to as the "Voluntary Guardianship Contract Act");

a ruling to revoke a ruling of the commencement of guardianship:a guardian of an adult and a supervisor of a guardian of an adult; and

a ruling of the rescission or change of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:a guardian of an adult.