Abstract
A call for a comprehensive and thorough system to advocate for people who have become incompetent has been increasing in Japan. Current guardianship process in Japan has been criticized due to its stigmatizing nature and inflexible procedures. Literature review reveals that many states in the United States also have similar systems, gathering similar criticism. This paper hypothetically examines how an application of Japan's proposed new guardianship legislation to three different cases would be handled in Japan, in order to clarify the issues that Japan's proposed new guardianship legislation contains. The examination reveals that provision of alternative surrogate decision making modality and additional supportive services, such as Daily Money Management service, would be more helpful and effective to support those people who are experiencing a decrease of decision making ability. Creating a comprehensive and thorough system to advocate for people who lack ability to make a reasonable decision is required in Japan. The role of social service agencies is very important, to take the role of advocator, mediator and broker for the people in need of surrogate decision making. Social workers should utilize their professional skills and take an initiative to construct a system to protect, support, and advocate the people who need surrogate decision making in each community.
