Guardianship commences if:

①The person last exercising parental authority over a minor may designate a guardian for the minor by a will; provided, however, that this does not apply to a person who has no right to manage the minor's property.

②If one of the parents exercising parental authority does not have the right to manage the child's property, the other parent may designate a guardian for the minor pursuant to the provisions of the preceding paragraph.

①If there is no person to become the guardian of a minor pursuant to the provisions of the preceding Article, the family court may appoint a guardian for the minor at the request of the prospective minor ward, the relative thereof, or any other interested party. This also applies if the minor comes to no longer have such a guardian.

②Even if a minor has a guardian, the family court may appoint a further guardian if it finds this to be necessary, at the request of a person provided for in the preceding paragraph, at the request of the guardian of the minor, or sua sponte.

③In appointing a guardian for a minor, the family court must consider the age, physical and mental condition, circumstances in the daily life, and financial circumstances of the minor ward, the occupation and personal history of the person becoming the guardian, the existence of any vested interest between them (if the person becoming the guardian is a corporation, the type and content of its business and the existence of any vested interest between the minor ward and the corporation or its representative), the opinion of the minor ward, and all other circumstances.

If the father or mother surrenders parental authority or the right to manage the child's property, or if the necessity of appointing a guardian for a minor arises as a result of a ruling affirming the loss of parental authority, suspending parental authority, or affirming the loss of the right to manage the child's property, the father or mother, without delay, must request the family court to appoint a guardian.

①The family court appoints a guardian for an adult sua sponte if it reaches the decision to establish a guardianship.

②If an adult ward comes to no longer have a guardian, the family court appoints a guardian at the request of the adult ward, the relative or other interested party thereof, or sua sponte.

③Even if an adult has been appointed a guardian, the family court may appoint a further guardian for the adult if it finds this to be necessary, at the request of a person provided for in the preceding paragraph, at the request of the guardian of the adult, or sua sponte.

④In appointing a guardian for an adult, the family court must consider the physical and mental condition, circumstances in the daily life, and financial circumstances of the adult ward, the occupation and personal history of the person becoming the guardian, the existence of any vested interest between them (if the person becoming the guardian is a corporation, the type and content of its business and the existence of any vested interest between the adult ward and the corporation or its representative), the opinion of the adult ward, and all other circumstances.

If there is a legitimate reason, the guardian of an adult may resign from the role of guardian, with the permission of the family court.

If the need arises for a new guardian to be appointed due to a guardian's resignation from the role, the guardian, without delay, must request the family court to appoint a new guardian.

In the event of an unlawful act or grave misconduct on the part of the guardian or in the event of any other circumstances that render the guardian unfit for the duties of guardianship, the family court may replace the guardian at the request of the guardian supervisor, the ward, the relative thereof, or the public prosecutor, or sua sponte.

None of the following persons may become a guardian:

A person who may designate a guardian for a minor may designate a supervisor for the guardian of the minor, by a will.

The family court may appoint a guardian supervisor if it finds this to be necessary, at the request of a ward or the relative thereof, at the request of the guardian, or sua sponte.

The spouse, lineal blood relative, or sibling of the guardian may not become the supervisor of that guardian.

The duties of a guardian supervisor are as follows:

The provisions of Article 644; Article 654; Article 655; Article 844; Article 846; Article 847; Article 861, paragraph (2); and Article 862 apply mutatis mutandis to a guardian supervisor; the provisions of Article 840, paragraph (3) and Article 857-2 apply mutatis mutandis to the supervisor for the guardian of a minor, and the provisions of Article 843, paragraph (4); Article 859-2; and Article 859-3 apply mutatis mutandis to the supervisor for the guardian of an adult.

①A guardian must undertake a search for the ward's assets without delay, and must finish the search and prepare an inventory within one month; provided, however, that this period may be extended with the approval of the family court.

②The search for assets and preparation of an inventory is not valid unless conducted in the presence of the guardian supervisor, if there is one.

Until completing the inventory of property, the guardian has only the authority to take those actions that urgently need to be taken; provided, however, that this may not be asserted against a third party in good faith.

①If a guardian holds a claim against the ward or bears an obligation thereto, the guardian must report this to the supervisor, if there is one, before undertaking the search for assets.

②If a guardian knows of a claim that the guardian holds against the ward and does not report it, this claim is lost.

The provisions of the preceding three Articles apply mutatis mutandis if the ward acquires property under universal title after the guardian begins that role.

The guardian of a minor has the same rights and duties as a person exercising parental authority with respect to the matters prescribed in Article 820 through Article 823;provided, however, that in order to change the plan of education or residence fixed by a person exercising parental authority, in order to give the minor permission to do business, or in order to revoke or limit that permission, the guardian must obtain the consent of the supervisor, if there is one.

①If a minor ward has multiple guardians, they exercise their authority jointly.

②If a minor ward has multiple guardians, the family court may determine sua sponte that some of the guardians may only exercise their authority over the minor's property.

③If a minor ward has multiple guardians, the family court may determine sua sponte that each guardian may exercise authority independently, or that the multiple guardians must exercise their authority according to a division of labor, in respect of their authority over the minor's property.

④The family court may rescind, sua sponte, a determination under the provisions of the preceding two paragraphs.

⑤If a minor ward has multiple guardians, it is sufficient for a manifestation of intention by a third party be made to one of them.