Domestic Relations Case Procedure Act

An adjudication case regarding the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (111); the same applies in the following paragraph and the following Article) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the principal set forth in Article 2, item (ii) of the Voluntary Guardianship Contract Act (hereinafter simply referred to as the "principal" in this Section).

Adjudication cases prescribed in the Voluntary Guardianship Contract Act (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (111) through (121)), except for an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, are subject to the jurisdiction of the family court that has made a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective (if the court in charge of an appeal has appointed the supervisor of a voluntarily appointed guardian, the family court that is the court of first instance); provided, however, that if an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective is pending before a family court, these cases are subject to the jurisdiction of that family court.

The provisions of Article 118 apply mutatis mutandis to the principal in an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective.

A family court may not make a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective unless it hears the opinion of a physician or any other appropriate person concerning the mental state of the principal.

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) and (iv), excluding the petitioner); provided, however, that this does not apply to the principal if it is impossible to hear the principal's statements due to mental or physical disability:

a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, and a ruling of the appointment of a supervisor of a voluntarily appointed guardian in the event of a vacancy of a supervisor of a voluntarily appointed guardian or the appointment of an additional supervisor of a voluntarily appointed guardian:the principal;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian:the supervisor of a voluntarily appointed guardian;

a ruling of the dismissal of a voluntarily appointed guardian:the voluntarily appointed guardian; and

a ruling of permission for the cancellation of a voluntary guardianship contract:the principal and the voluntarily appointed guardian.

When making the ruling set forth in item (i) of the preceding paragraph, the family court must hear the opinion of a person who is to be a supervisor of a voluntarily appointed guardian.

When making a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, the family court must hear the opinion of a person entrusted with voluntary guardianship with regard to making a voluntary guardianship contract effective.

A petition for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective and for the appointment of a supervisor of a voluntarily appointed guardian in the event of the vacancy of a supervisor of a voluntarily appointed guardian may not be withdrawn without permission from the family court, even before a ruling is made.

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 appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective:the principal and a person entrusted with voluntary guardianship;

a ruling to revoke a ruling of the commencement of guardianship, etc.:in the case of 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; in the case of a ruling to revoke a ruling of the commencement of curatorship, a curator and a supervisor of a curator; and in the case of a ruling to revoke a ruling of the commencement of assistance, an assistant and a supervisor of an assistant;

a ruling of the dismissal of a voluntarily appointed guardian:the principal and a supervisor of a voluntarily appointed guardian; and

a ruling of permission for the cancellation of a voluntary guardianship contract:the principal, a voluntarily appointed guardian, and a supervisor of a voluntarily appointed guardian.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in items (iv) and (vi), excluding the petitioner):

a ruling to dismiss a petition of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective:the petitioner;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian:the supervisor of a voluntarily appointed guardian;

a ruling to dismiss a petition for the dismissal of a supervisor of a voluntarily appointed guardian:the petitioner, and the principal and the principal's relative;

a ruling of the dismissal of a voluntarily appointed guardian:the principal and a voluntarily appointed guardian;

a ruling to dismiss a petition for the dismissal of a voluntarily appointed guardian:the petitioner, a supervisor of a voluntarily appointed guardian, and the principal and the principal's relative;

a ruling of permission for the cancellation of a voluntary guardianship contract:the principal and a voluntarily appointed guardian; and

a ruling to dismiss a petition for permission for the cancellation of a voluntary guardianship contract:the petitioner.

A family court may have a family court investigating officer examine the affairs of a supervisor of a voluntarily appointed guardian.

The provisions of Article 127, paragraphs (1) through (4) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (117)) as a case on the merits.

The provisions of Article 127, paragraphs (1) and (2) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (120)) as a case on the merits. In this case, the phrase "suspend the performance of duties by the guardian of the adult or appoint a person acting as the representative thereof" in paragraph (1) of the Article is deemed to be replaced with "suspend the performance of duties by the guardian of the adult", and the phrase "a person acting as a representative appointed under the provisions of the paragraph" in paragraph (2) of the Article is deemed to be replaced with "supervisor of a voluntarily appointed guardian".