The mental capacity for a contract to be under the guardianship

Abstract

In the arbitrary guardianship system in Japan, we will contract with guardians if the judgment ability declines in the future. There is no clear standard for judgment ability necessary for the arbitrary guardian contract. We examined the judgment ability necessary for the arbitrary guardian contract. Even if the judgment ability is declining, the arbitrary guardian agreement will be effective if there is will ability necessary for concluding a contract. A judge evaluates the will ability necessary for concluding a contract with reference to medical evaluation, personal circumstances, etc. Therefore, the medical assessment and the judgment of the court may not necessarily agree.