Domestic Relations Case Procedure Act

A family court may have an appropriate person examine the affairs of the guardianship of an adult or the status of the property of an adult under guardianship, or administer such property temporarilyNotwithstanding the provisions of Article 89, paragraph (1) (including as applied mutatis mutandis pursuant to Article 96, paragraph (1) and Article 98, paragraph (1)), in an adjudication case for the commission of, or the rescission or change of the commission of, delivery of a postal item, etc. addressed to a person subject to a ruling of a disposition appointing a specified assistant, the court in charge of an appeal is not required to hear statements of a person engaged in the correspondence delivery service.

A family court may, at any time, replace an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to an adult under guardianship by a third party, with another have an appropriate person examine the affairs of assistance or the status of the property of a person under assistance, or administer such property temporarily.

A family court may order an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to an adult under guardianship by a third party (including an administrator appointed as a replacement pursuant to the provisions of the preceding paragraph; hereinafter referred to as an "administrator of property" in this Article) to report on the status of the property and settle the account for administrationaward reasonable remuneration to a person who has conducted the examination or administration pursuant to the provisions of the preceding paragraph, out of the property of a person under assistance.

A family court may issue an order to an Administrator of Property for an increase or decrease in or a change to the security that the administrator has provided, or an exemption from providing the securityhave a family court investigating officer conduct the examination under the provisions of paragraph (1).

The provisions of Articles 644, 646, 647, and 650 of the Civil Code apply mutatis mutandis to an Administrator of Propertya person who administers property pursuant to the provisions of paragraph (1).

When a petition for the commencement of guardianshipassistance is filed, and when it is necessary for daily life, medical treatment, and nursing care or administration of the property of a person who is to be an adult under guardianshipa person under assistance, the family court (or a high court in the case set forth in Article 105, paragraph (2); hereinafter the same applies in this Article and the following Article) may, upon petition or by its own authority, appoint an administrator of property or give instructions to a party concerned with the case with regard to the matters regarding daily life, medical treatment, and nursing care or administration of the property of the person who is to be an adult under guardianshipa person under assistance, while not requiring the provision of security, until a ruling on the petition for the commencement of guardianshipassistance becomes effective.

When a petition for the commencement of guardianship assistance and a petition for the determination of acts which require the consent of an assistant is filed, and when it is particularly necessary for the preservation of the property of a person who is to be an adult under guardianshipa person under assistance, the family court may, upon the petition of the person who has filed the petition, order that the person who is to be an adult under guardianship becomesa person under assistance be subject to the guardianshipassistance of the administrator of property set forth in the preceding paragraph in to be appointed pursuant to the provisions of the preceding paragraph (hereinafter simply referred to as an "administrator of property" in this Article) in performing acts in relation to property (excluding limited to the acts prescribed in the proviso to Article 9 of the Civil CodeArticle 9, paragraph (1) of the Civil Code, which are addressed in the petition for the determination of acts which require the consent of an assistant; the same applies in paragraph (7)(11)), until a ruling on the petition for the commencement of guardianshipassistance becomes effective.

When a petition for a ruling of the commencement of assistance and a ruling of a disposition appointing a specified assistant is filed, and when it is particularly necessary for the preservation of the property of a person who is to be subject to a ruling of a disposition appointing a specified assistant, the family court may, upon the petition of the person who has filed the petition, order that the person who is to be subject to a ruling of a disposition appointing a specified assistant receive the assistance of an administrator of property in performing the acts set forth in the items of Article 9, paragraph (2) of the Civil Code (excluding the purchase of daily necessities and other acts relating to daily life; the same applies in paragraph (12)), until a ruling on the petition for the commencement of assistance becomes effective.

When it is impossible to hear the opinionsstatements of a person who is to be an adult under guardianship due to the person's mental or physical disabilitya person under assistance for mental reasons on the part of that person, the family court may, notwithstanding the provisions of Article 107, make a ruling under the provisions of the preceding paragraph (referred to as a "ruling to order guardianship" in the following paragraph through paragraph (7)paragraph (2) (hereinafter referred to as a "ruling of an order for assistance" in this Article) or a ruling under the provisions of the preceding paragraph (hereinafter referred to as a "ruling of an order for specified assistance" in this Article) without taking the step of hearing the person's statements.

Notice of a ruling of an order for assistance must be given to an administrator of property, in addition to the persons prescribed in Article 74, paragraph (1).

If a document relating to notice of a ruling of an order for assistance is sent to a person who is to be a person under assistance, and the person lacks the capacity to participate in proceedings at the time of receiving it, the person is deemed to have been given notice at the time of receiving it, for the purpose of the application of Article 74, paragraphs (1) and (2) and paragraph (9) of this Article to the ruling.

A ruling to order guardianship of an order for specified assistance becomes effective when notice thereof is given to the administrator of the property set forth in paragraph (1) (if there are two or more such administrators, one of them).

Notice of a ruling to order guardianship of an order for specified assistance must be given to a person who is to be an adult under guardianshipsubject to a ruling of a disposition appointing a specified assistant. In this case, the provisions of Article 74, paragraph (1) do not apply to a person who is to be an adult under guardianshipsubject to a ruling of a disposition appointing a specified assistant.

The period for filing an immediate appeal against a ruling of an order for assistance to be filed by a person other than a person who receives notice of a ruling and by a person who is to be a person under assistance runs from the latest of the day on which the person who is to be a person under assistance receives notice of the ruling and the day on which the administrator of property receives notice of the ruling under the provisions of paragraph (5).

The period for filing an immediate appeal against a ruling to order guardianship of an order for specified assistance to be filed by a person other than a person who receives notice of a ruling runs from the day on which the administrator of property set forth in paragraph (1) receives notice under the provisions of paragraph (4)(7) (if there are two or more such days, the latest day).

When a ruling to order guardianship of an order for assistance is made, the person who is to be an adult under guardianshipa person under assistance and the administrator of property set forth in paragraph (1) may rescind acts performed in relation to property by the person who is to be an adult under guardianship. In this case, the provisions of the Civil Code concerning the rescission of acts performed by a person with limited capacity to act apply mutatis mutandisa person under assistance without obtaining the consent of the administrator of property.

When a ruling of an order for specified assistance is made, the person who is to be subject to a ruling of a disposition appointing a specified assistant and the administrator of property may rescind the acts set forth in the items of Article 9, paragraph (2) of the Civil Code performed by the person who is to be subject to a ruling of a disposition appointing a specified assistant.

In the cases referred to in the preceding two paragraphs, the provisions of the Civil Code concerning the rescission of acts performed by a person with limited capacity to act apply mutatis mutandis.

A family court may replace the administrator of property at any time.

A family court may order an administrator of property (including an administrator appointed as a replacement pursuant to the provisions of the preceding paragraph) to report on the status of the property and settle the account for administration.

The expenses required for the report and the settlement of the account under the preceding paragraph are to be defrayed out of the property of the person who is to be a person under assistance.

A family court may issue an order to an administrator of property for an increase or decrease in or a change to the security that the administrator has provided, or an exemption from providing the security.

When a ruling to order a mortgage to be established on the real property or vessel owned by an administrator of property becomes effective, a court clerk must commission the registration of the establishment thereof. The same applies to a registration of a change or the extinction of a mortgage thus established.

The provisions of paragraphs (1) through (6) of the preceding Article, and the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to the administrator of property set forth in paragraph (1). In this case, the term "an adult under guardianship" in paragraph (3) of the preceding Article is deemed to be replaced with "a person who is to be an adult under guardianship", and the provisions of Articles 644, 646, 647 and 650 of the Code apply mutatis mutandis to the administrator of property.

When an adjudication case for the dismissal of a guardian of an adultan assistant is pending before a family court, and when it is necessary for the interests of the adultperson under guardianshipassistance, the family court may, upon the petition of the person who has filed a petition for the dismissal of the guardian of the adultassistant or by its own authority, suspend the performance of duties by the guardian of the adultassistant or appoint a person acting as the representative thereof, until a ruling on the dismissal of the guardian of the adultassistant becomes effective.

A ruling to suspend the performance of duties by a guardian of an adultan assistant under the provisions of the preceding paragraph becomes effective when notice thereof is given to the guardian of the adultassistant who is to be suspended from performing duties, any other guardian of the adultassistant or a person acting as a representative appointed pursuant to the provisions of the paragraph.

A family court may grant a reasonable remuneration to a person acting as a representative appointed pursuant to paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the adultperson under guardianshipassistance.

The provisions of the preceding paragraphs apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a supervisor of a guardian of an adultan assistant as a case on the merits.

An When an adjudication case for the commencement of curatorship (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (17); the same applies hereinafter) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a person who is to be a person under curatorshipsupervision of the affairs of assistance is pending before a family court (limited to the case where the court has ordered an assistant who has received a ruling to vest the authority of representation to submit an inventory of property), and when it is necessary for the interests of the person under assistance, the family court may, upon the petition of the person who has filed a petition for the supervision of the affairs of assistance or by its own authority, suspend the performance of duties by the assistant or appoint a person acting as the representative thereof, until the assistant submits an inventory of property.

Adjudication cases regarding curatorship (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (17) through (35)), except for an adjudication case for the commencement of curatorship, are subject to the jurisdiction of a family court that has made a ruling of the commencement of curatorship (if the court in charge of an appeal has made a judicial decision of commencement of curatorship, the family court that is the court of first instance); provided, however, that if an adjudication case for the commencement of curatorship is pending before a family court, these cases are subject to the jurisdiction of that family courtThe provisions of paragraphs (2) through (4) of the preceding Article apply mutatis mutandis to a provisional order sought by designating an adjudication case for the supervision of the affairs of assistance as a case on the merits.

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