Section 19 Adjudication Cases Prescribed in the Voluntary Guardianship Contract Act
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Section 19 Adjudication Cases Prescribed in the Voluntary Guardianship Contract Act第十九節 任意後見契約法に規定する審判事件
Article 217第二百十七条
Jurisdiction(管轄)
Article 217, paragraph (1)
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.
Hearings of Opinions Concerning Mental State(精神の状況に関する意見の聴取)
Article 219, paragraph (1)
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;
任意後見監督人の解任の審判 任意後見監督人
Article 220, paragraph (1), item (iii)
a ruling of the dismissal of a voluntarily appointed guardian:the voluntarily appointed guardian; and
任意後見人の解任の審判 任意後見人
Article 220, paragraph (1), item (iv)
a ruling of permission for the cancellation of a voluntary guardianship contract:the principal and the voluntarily appointed guardian.
任意後見契約の解除についての許可の審判 本人及び任意後見人
Article 220, paragraph (2)
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.
Restrictions on the Withdrawal of Petitions(申立ての取下げの制限)
Article 221, paragraph (1)
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;
任意後見契約の効力を発生させるための任意後見監督人の選任の審判 本人及び任意後見受任者
Article 222, paragraph (1), item (ii)
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
任意後見人の解任の審判 本人及び任意後見監督人
Article 222, paragraph (1), item (iv)
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.
任意後見契約の解除についての許可の審判 本人、任意後見人及び任意後見監督人
Article 223第二百二十三条
Immediate Appeals(即時抗告)
Article 223, paragraph (1)
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;
任意後見契約の効力を発生させるための任意後見監督人の選任の申立てを却下する審判 申立人
Article 223, paragraph (1), item (ii)
a ruling of the dismissal of a supervisor of a voluntarily appointed guardian:the supervisor of a voluntarily appointed guardian;
任意後見監督人の解任の審判 任意後見監督人
Article 223, paragraph (1), item (iii)
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;
任意後見監督人の解任の申立てを却下する審判 申立人並びに本人及びその親族
Article 223, paragraph (1), item (iv)
a ruling of the dismissal of a voluntarily appointed guardian:the principal and a voluntarily appointed guardian;
任意後見人の解任の審判 本人及び任意後見人
Article 223, paragraph (1), item (v)
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;
任意後見人の解任の申立てを却下する審判 申立人、任意後見監督人並びに本人及びその親族
Article 223, paragraph (1), item (vi)
a ruling of permission for the cancellation of a voluntary guardianship contract:the principal and a voluntarily appointed guardian; and
任意後見契約の解除についての許可の審判 本人及び任意後見人
Article 223, paragraph (1), item (vii)
a ruling to dismiss a petition for permission for the cancellation of a voluntary guardianship contract:the petitioner.
任意後見契約の解除についての許可の申立てを却下する審判 申立人
Article 224第二百二十四条
Examination of the Affairs of Supervisors of Voluntarily Appointed Guardians(任意後見監督人の事務の調査)
Article 224, paragraph (1)
A family court may have a family court investigating officer examine the affairs of a supervisor of a voluntarily appointed guardian.
家庭裁判所は、家庭裁判所調査官に任意後見監督人の事務を調査させることができる。
Article 225第二百二十五条
Provisional Orders Sought by Designating an Adjudication Case for the Dismissal of Supervisor of Voluntarily Appointed Guardians as a Case on the Merits(任意後見監督人の解任の審判事件等を本案とする保全処分)
Article 225, paragraph (1)
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".
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The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
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 that family court.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
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 opinion due to mental or physical disability:
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
a ruling to revoke a ruling of the commencement of guardianship: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;
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The provisions of Article 127, paragraphs (1) and (2) apply mutatis mutandis to a provisional orders 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".
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)