財産管理の視点から： 成年後見制度の現状と課題

抄録

An adult guardianship system is the system that started newly by April, 2000. Conventionally, the civil law established the rule of a person adjudged incompetent, the quasi-incompetent in basic rule as a system of the protection of the property of the person that ability for judgment was insufficient for mental disorders. When a sentence was accomplished once because this system limited legal capacity uniformly, a sentence was listed in a family register after the social life of the person became remarkably inconvenient, and the use of the system has been given a wide berth by there having been the thing which felt that I brought dishonor to a family from the name. Not only it but also the thing that a judgment expense (a judgment expense was said to be 700,000 yen from 300,000 yen in the old incompetency system) and the time when it was large in a statement for sentence suffered from was done with one factor that use of system did not advance to, and there was extremely little number of use of this system. However, aging began to be outstanding year by year, and, in one, a dementia (dementia) elderly person increased our society, and the ratio of the person who could not manage it by oneself while having assets became higher surely. Generally, young old, 75 years old or more say old-old under 75 years old 65 years old or older. The Japanese elderly person has already surpassed 32 million people. The expression called incompetency, quasi-incompetence, the act inability, the incapable person was changed, and mention to the family register that was a big hindrance for the use, the official daily gazette notification would be abolished, and an adult guardianship registration system was made with the civil law revision newly.