Abstract
Recently the contract theory about the welfare service is widely discussed in the field of the social welfare. On the other hand, it is difficult for the person who declines a intent ability by demeentia and bedridden to make a contract action. In fact, there is a representative of the welfare about the procedure and the decision of the social welfare services. However, the right of representatibe difined in the civil law to make a contract can't adapt to the social welfare. Consequently, some problems of peculiar representative should be discussed with the view of the welfare services.