중증발달장애인의 보호를 위한 특별수요신탁제도의 도입 필요성

Abstract

Individuals in contemporary societies have been faced with serious problems which are hardly solved by them or their families, but which they cope with by the assistance by the society. Some of those problems which parents with adult child with developmental disability have faced are safe living of their adult child and guaranty of dignified life. Those problems are far beyond the capability of civil liability to maintenance and adult guardianship available to their adult child. It is indispensible to combine, and rearrange the relation of, civil liability to maintenance and national assistance so as to cope with such problems. Moreover, public legislation is required to intervene to properly adjust civil law scheme like trusts to current situation so that private resources and public money can be put into the protection of persons with severe developmental disability. This article suggests that trust schemes should be adapted to meet the demands of persons with developmental disability with reference to pooled special needs trusts in the USA. This article argues that if a special needs trust is enacted as a special public law, private resources from disabled persons and their relatives and public money such as national assistance can be put together to protect persons with developmental disability, which can result in effective functioning of civil liability to maintenance and national assistance. Such a systematic rearrangement can prevent third parties from plundering properties of persons with developmental disability in the name of keeping eligibility to national assistance. protection, Furthermore, life quality of severly disable persons can be improved with additional money accruing to them.