성년후견인의 양성 및 관리방안

Abstract

In Korea, the revision of the Civil Code shall be implemented from July 1, 2013. Adult guardianship is successfully settled in our country in order to be guardians to ensure high quality. This article describes an first consideration of Japanese and german adult guardianship system in operation particularly training and management system for the adult guardian. Japanese and German experience to secure the candidate for adult guardian indicate the tentative plan for introduction of the adult guardianship system for our country. Any suitable, willing and able adult or institution, may be appointed guardian. The Family Court may also appoint co-guardians. The Court will make the final decision based on the best interests of the person. The guardian should be careful to keep the money in the ward’s estate separate from the guardian’s own estate, maintaining separate accounts and keeping careful records of all financial transactions. Before appointing a guardian, the Judge must be persuaded that: The person is incapacitated; The person needs someone to make personal decisions for him or her and/or manage his or her affairs; and The proposed guardian is suitable, willing and able If a guardian is required, however, the court may appoint any person whose appointment would be in the best interest of the incapacitated person. Once an individual is appointed Guardian over an incapacitated adult, the Guardian then has powers and duties. The guardian makes decisions about how the person lives,including their residence, health care, food, and social activity. The guardian is supposed to consider the wishes of the incapacitated person, as well as their previously established valued, when making these living decisions.