An adjudication case for the commencement of assistance (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (36); 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 assistance.
Adjudication cases regarding assistance (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (36) through (54)), except for an adjudication case for the commencement of assistance, are subject to the jurisdiction of a family court that has made a ruling of the commencement of assistance (if the court in charge of an appeal has made a judicial decision of the commencement of assistance, the family court that is the court of first instance); provided, however, that if an adjudication case for the commencement of assistance 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 a person who is to be a person under assistance and to a person under assistance in the following adjudication cases (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (i), (vii), and (ix) as cases on the merits):
一
補助開始の審判事件
an adjudication case for the commencement of assistance;
an adjudication case for the determination of acts which require the consent of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (37));
三
補助人の同意に代わる許可の審判事件(別表第一の三十八の項の事項についての審判事件をいう。)
an adjudication case for permission in lieu of the consent of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (38));
四
補助開始の審判の取消しの審判事件(別表第一の三十九の項の事項についての審判事件をいう。)
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 (39));
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 (40));
六
補助人の選任の審判事件(別表第一の四十一の項の事項についての審判事件をいう。)
an adjudication case for the appointment of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (41));
an adjudication case for the dismissal of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (43); the same applies in Article 144);
八
補助監督人の選任の審判事件(別表第一の四十五の項の事項についての審判事件をいう。)
an adjudication case for the appointment of a supervisor of an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (45));
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 (47); the same applies in Article 144);
十
補助人に対する代理権の付与の審判事件(別表第一の五十一の項の事項についての審判事件をいう。)
an adjudication case for vesting the authority of representation in an assistant (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (51));
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 (52)); and
十二
補助の事務の監督の審判事件(別表第一の五十三の項の事項についての審判事件をいう。)
an adjudication case for the supervision of the affairs of assistance (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (53)).
第百三十八条
(精神の状況に関する意見の聴取)Hearing of Opinions Concerning Mental State
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 the person who is to be a person under assistance.
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), (iii), and (iv), excluding the petitioner):
一
補助開始の審判 被補助人となるべき者
a ruling of the commencement of assistance:the person who is to be a person under assistance;
二
補助人の同意に代わる許可の審判 補助人
a ruling of permission in lieu of the consent of an assistant:the assistant;
a ruling to revoke a ruling of the commencement of assistance (limited to the case under the provisions of Article 18, paragraph (1) or (3) of the Civil Code):the person under assistance and the assistant;
四
補助人又は補助監督人の選任の審判 被補助人となるべき者又は被補助人
a ruling of the appointment of an assistant or a supervisor of an assistant:the person who is to be a person under assistance or the person under assistance;
五
補助人の解任の審判 補助人
a ruling of the dismissal of an assistant:the assistant; and
六
補助監督人の解任の審判 補助監督人
a ruling of the dismissal of a supervisor of an assistant:the supervisor of an assistant.
第二項
家庭裁判所は、次の各号に掲げる審判をする場合には、当該各号に定める者の意見を聴かなければならない。
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:
一
補助人の選任の審判 補助人となるべき者
a ruling of the appointment of an assistant:the person who is to be an assistant; and
二
補助監督人の選任の審判 補助監督人となるべき者
a ruling of the appointment of a supervisor of an assistant:the person who is to be a supervisor of an assistant.
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 assistance:the person who is appointed as an assistant pursuant to the provisions of Article 876-7, 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 Article 10, paragraph (3) of the Voluntary Guardianship Contract Act;
a ruling to determine acts which require the consent of an assistant:the assistant and the supervisor of the assistant (if this ruling is made simultaneously upon making a ruling of the appointment of an assistant or a supervisor of an assistant, the person who is to be an assistant or the person who is to be a supervisor of an assistant);
三
補助人の同意に代わる許可の審判 補助人及び補助監督人
a ruling of permission in lieu of the consent of an assistant:the assistant and the supervisor of the assistant;
四
補助開始の審判の取消しの審判 補助人及び補助監督人
a ruling to revoke a ruling of the commencement of assistance:the assistant and the supervisor of the assistant;
五
補助人の同意を得なければならない行為の定めの審判の取消しの審判 補助人及び補助監督人
a ruling to revoke a ruling to determine acts which require the consent of an assistant:the assistant and the supervisor of the assistant;
a ruling to vest the authority of representation in an assistant:the person under assistance and the supervisor of an assistant (if this ruling is made simultaneously upon making a ruling of the appointment of a supervisor of an assistant, the person who is to be a supervisor of an assistant); and
七
補助人に対する代理権の付与の審判の取消しの審判 被補助人及び補助監督人
a ruling to revoke a ruling to vest the authority of representation in an assistant:the person under assistance and the supervisor of an assistant.
An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):
一
補助開始の審判 民法第十五条第一項本文及び任意後見契約法第十条第二項に規定する者
a ruling of the commencement of assistance:the persons prescribed in the main clause of Article 15, paragraph (1) of the Civil Code and those prescribed in Article 10, paragraph (2) of the Voluntary Guardianship Contract Act;
二
補助開始の申立てを却下する審判 申立人
a ruling to dismiss a petition for the commencement of assistance:the petitioner;
三
補助開始の審判の取消しの申立てを却下する審判 民法第十八条第一項に規定する者
a ruling to dismiss a petition for the revocation of a ruling of the commencement of assistance:the persons prescribed in Article 18, paragraph (1) of the Civil Code;
四
補助人の同意に代わる許可の申立てを却下する審判 申立人
a ruling to dismiss a petition for permission in lieu of the consent of an assistant:the petitioner;
五
補助人の解任の審判 補助人
a ruling of the dismissal of an assistant:the assistant;
六
補助人の解任の申立てを却下する審判 申立人、補助監督人並びに被補助人及びその親族
a ruling to dismiss a petition for the dismissal of an assistant:the petitioner, the supervisor of the assistant, as well as the person under assistance and the person's relative;
七
補助監督人の解任の審判 補助監督人
a ruling of the dismissal of a supervisor of an assistant:the supervisor of an assistant; and
八
補助監督人の解任の申立てを却下する審判 申立人並びに被補助人及びその親族
a ruling to dismiss a petition for the dismissal of a supervisor of an assistant:the petitioner, as well as the person under assistance and the person's relative.
The period for filing an immediate appeal against a ruling of the commencement of assistance to be filed by a person other than a person who receives notice of a ruling and by the person who is to be a person under assistance runs from the latest day, out of the day on which the person who is to be a person under assistance received notice of a ruling and the day on which a person who is appointed as an assistant pursuant to the provisions of Article 876-7, paragraph (1) of the Civil Code received notice of a ruling.
第百四十二条
(成年後見に関する審判事件の規定の準用)Application Mutatis Mutandis of Provisions Concerning Adjudication Cases Regarding the Guardianship of Adults
The provisions of Article 121 apply mutatis mutandis to the withdrawal of a petition for the commencement of assistance and the withdrawal of a petition for the appointment of an assistant, and the provisions of Article 124 apply mutatis mutandis to the supervision of the affairs of assistance.
第百四十三条
(補助開始の審判事件を本案とする保全処分)Provisional Order during a Case on the Merits to Adjudicate Commencement of Assistance
第一項
補助開始の審判事件を本案とする保全処分については、第百二十六条第一項の規定を準用する。
The provisions of Article 126, paragraph (1) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the commencement of assistance as a case on the merits.
When a petition for the commencement of 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 a person under assistance, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may, upon the petition of the person who has filed the petition, order that the person who is to be a person under assistance be subject to the assistance of the administrator of property to be appointed pursuant to the provisions of Article 126, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph (hereinafter simply referred to as an "administrator of property" in this Article) in performing acts in relation to property (limited to the acts prescribed in Article 13, 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 (5)), until a ruling on the petition for the commencement of assistance becomes effective.
Notice of a ruling under the provisions of the preceding paragraph (hereinafter referred to as a "ruling of an order for assistance" in the following paragraph and paragraph (5)) must be given to an Administrator of Property, beyond the persons prescribed in Article 74, paragraph (1).
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 day, out of the day on which the person who is to be a person under assistance receives notice of a ruling and the day on which an administrator of property receives notice of a ruling under the provisions of the preceding paragraph.
When a ruling of an order for assistance is made, the person who is to be a person under assistance and the administrator of property may rescind acts in relation to property performed by the person who is to be a person under assistance without having obtained consent from the administrator of property. 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 mutandis.
The provisions of Article 125, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to an administrator of property. In this case, the term "an adult under guardianship" in Article 125, paragraph (3) is deemed to be replaced with "a person who is to be a person under assistance".
第百四十四条
(補助人の解任の審判事件等を本案とする保全処分)Provisional Order Sought by Designating an Adjudication Case for Dismissal of an Assistant as a Case on the Merits
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 an assistant or an adjudication case for the dismissal of a supervisor of an assistant as a case on the merits.