Domestic Relations Case Procedure Act

An adjudication case for the commencement of guardianshipassistance (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 guardianshipa person under assistance.

Adjudication cases regarding the guardianship of an adultassistance (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (1) through (16)-2(27)), except for an adjudication case for the commencement of guardianshipassistance, are subject to the jurisdiction of a family court that has made a ruling of the commencement of guardianshipassistance (if the court in charge of an appeal has made a judicial decision of the commencement of guardianshipassistance, the family court that is the court of first instance); provided, however, that if an adjudication case for the commencement of guardianshipassistance 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)(xiii), (xv), and (xvii) as cases on the merits), a person who is or is to be an adult under guardianship to be a person under assistance (limited to a minor) and a person under assistance (limited to a minor or a person subject to a ruling of a disposition appointing a specified assistant) 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 guardianshipassistance;

an adjudication case for the revocation of a ruling of the commencement of guardianshipdetermination of acts which require the consent of an assistant (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 adultpermission in lieu of the consent of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (3));

an adjudication case for the revocation of a ruling of a disposition appointing a specified assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (4));

an adjudication case for the dismissal of a guardian of an adulta disposition appointing a specified assistant (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 determination of acts which may be rescinded (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (6));

an adjudication case for the revocation of a ruling to determine acts which require the consent of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (7));

an adjudication case for the vesting of the authority of representation in an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (8));

an adjudication case for the revocation of a ruling of the commencement of assistance (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (9));

an adjudication case for the revocation of a ruling to determine acts which may be rescinded (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (10));

an adjudication case for the revocation of a ruling to vest the authority of representation in an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (11));

an adjudication case for the appointment of a supervisor of a guardian of an adultan assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (6)(12));

an adjudication case for the dismissal of a supervisor of a guardian of an adultan assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (8)(15); the same applies in Article 127, paragraph (5)(1));

an adjudication case for the appointment of a special representative for an adult under guardianshipsupervisor of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (12)(16));

an adjudication case for the dismissal of a supervisor of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (18); the same applies in Article 127, paragraph (5));

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 guardianshipa person subject to a ruling of a disposition appointing a specified assistant, 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(23); 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 guardianshipa person subject to a ruling of a disposition appointing a specified assistant" in Article 123-2);124); and

an adjudication case for the supervision of the affairs of the guardianship of an adultassistance (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (14)); and(25); the same applies in Article 128).

A family court may not make a ruling of the commencement of assistance unless it hears the opinion of a physician or any other appropriate person concerning the mental state of a person who is to be a person under assistance.

A family court may not make a ruling of the commencement of guardianship a disposition appointing a specified assistant 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 ifsubject to a ruling of a disposition appointing a specified assistant; provided, however, that this does not apply if, having heard the opinions of two or more physicians, 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 a disposition appointing a specified assistant under the provisions of Article 10 12, paragraph (3) of the Civil Code unless it hears the opinion of a physician concerning the mental state of an adult under guardianshipa person subject to a ruling of a disposition appointing a specified assistant; 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) , (ii), and (iv) through (iii)(xiv), 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 guardianshipto be a person under assistance or a person under assistance if it is impossible to hear their statements for mental reasons on the part of that person:

a ruling of the commencement of guardianshipassistance:the person who is to be an adult under guardianshipa person under assistance;

a ruling to determine acts which require the consent of an assistant:the person who is to be a person under assistance or a person under assistance;

a ruling of permission in lieu of the consent of an assistant:the assistant;

a ruling to revoke a ruling of a disposition appointing a specified assistant (limited to the case under the provisions of Article 12, paragraph (3) or (4) or Article 876-21, paragraph (2) of the Civil Code; the same applies in paragraph (3), item (ii)):a person subject to a ruling of a disposition appointing a specified assistant and the specified assistant;

a ruling of a disposition appointing a specified assistant:the person who is to be a person subject to a ruling of a disposition appointing a specified assistant;

a ruling to determine acts which may be rescinded:the person who is to be a person subject to a ruling of a disposition appointing a specified assistant or a person subject to a ruling of a disposition appointing a specified assistant;

a ruling to revoke a ruling of the commencement of guardianship to determine acts which require the consent of an assistant (limited to the case under the provisions of Article 10 12, paragraph (2) or Article 876-21, paragraph (2) of the Civil Code):; the adult under guardianship and a guardian of that adultsame applies in paragraph (3), item (v)):a person under assistance and the assistant;

a ruling to vest the authority of representation in an assistant:the person who is to be a person under assistance or a person under assistance;

a ruling to revoke a ruling of the commencement of assistance:a person under assistance and the assistant;

a ruling to revoke a ruling to determine acts which may be rescinded:a person subject to a ruling of a disposition appointing a specified assistant and the specified assistant;

a ruling to revoke a ruling to vest the authority of representation in an assistant:a person under assistance and the assistant;

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 guardianshipan assistant or supervisor of an assistant:the person who is to be a person under assistance or a person under assistance;

a ruling of the dismissal of a guardian of an adult:the guardian of an adultan assistant:a person under assistance and the assistant;

a ruling of the dismissal of a supervisor of a guardian of an adult:the supervisor of a guardian of an adultan assistant:a person under assistance and the supervisor of an assistant; and

a ruling of the commission of delivery of a postal item, etc. addressed to an adult under guardianship:the adult under guardianshipa person subject to a ruling of a disposition appointing a specified assistant:a person subject to a ruling of a disposition appointing a specified assistant.

a ruling of a disposition appointing a specified assistant:the person who is to be appointed as a specified assistant or the assistant;

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

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

When making the rulings set forth in the following items, the family court may seek opinions from the mayor of a municipality or any other appropriate person on the mental and physical condition, living circumstances and other necessary matters of the principal:

a ruling to determine acts which require the consent of an assistant;

a ruling to revoke a ruling of a disposition appointing a specified assistant;

a ruling of a disposition appointing a specified assistant;

a ruling to determine acts which may be rescinded;

a ruling to revoke a ruling to determine acts which require the consent of an assistant;

a ruling to vest the authority of representation in an assistant;

a ruling to revoke a ruling to determine acts which may be rescinded;

a ruling to revoke a ruling to vest the authority of representation in an assistant;

a ruling of the appointment of an assistant; and

a ruling of the dismissal of an assistant.