Guardianship for Older Adults with Dementia in Korea: Principles, Practices, and Theological Reflections
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In the context of Korea’s transition into a super-aged society, the rapidly increasing challenges posed by elderly individuals with dementia call for the intervention not only from the state but also from the Korean Church. Given the growing emphasis on the public responsibility toward society, such intervention should be understood as a task that encompasses not only the issues within an aging church community but also those of society as a whole. The adult guardianship system in Korea was implemented on July 1, 2013, as a replacement for the existing Civil Act provisions regarding persons with limited legal capacity. The prior system tended to restrict or deprive individuals with decision-making impairments of their legal rights, thereby contributing to their exclusion from society. The new system seeks to correct this by respecting their autonomy. Given the progressive nature of dementia, where cognitive and decisionmaking capacities decline gradually rather than being lost suddenly, it is ethically imperative that guardians respect the residual capabilities of individuals with dementia and uphold their human rights. From this perspective, a careful examination of the ideological foundations of guardianship systems in countries that have adopted such models earlier is necessary to ensure the effective implementation of a guardianship system that fits the Korean context. In the United Kingdom, the reformed Mental Capacity Act 2007 prioritizes the respect for individual decision-making capacity and minimizes public intervention. France’s revised Civil Code not only enhances respect for personal dignity but also improves the quality of guardianship services through 650 hours of guardian training. Germany simplifies the application process for guardianship services to improve accessibility and ensures that representative authority is exercised only, when necessary, within legally permitted limits, thus protecting the ward’s right to self-determination. Japan’s guardianship system, comprising both statutory and voluntary guardianship, also seeks to uphold personal autonomy.
Abstract
In the context of Korea’s transition into a super-aged society, the rapidly increasing challenges posed by elderly individuals with dementia call for the intervention not only from the state but also from the Korean Church. Given the growing emphasis on the public responsibility toward society, such intervention should be understood as a task that encompasses not only the issues within an aging church community but also those of society as a whole. The adult guardianship system in Korea was implemented on July 1, 2013, as a replacement for the existing Civil Act provisions regarding persons with limited legal capacity. The prior system tended to restrict or deprive individuals with decision-making impairments of their legal rights, thereby contributing to their exclusion from society. The new system seeks to correct this by respecting their autonomy. Given the progressive nature of dementia, where cognitive and decisionmaking capacities decline gradually rather than being lost suddenly, it is ethically imperative that guardians respect the residual capabilities of individuals with dementia and uphold their human rights. From this perspective, a careful examination of the ideological foundations of guardianship systems in countries that have adopted such models earlier is necessary to ensure the effective implementation of a guardianship system that fits the Korean context. In the United Kingdom, the reformed Mental Capacity Act 2007 prioritizes the respect for individual decision-making capacity and minimizes public intervention. France’s revised Civil Code not only enhances respect for personal dignity but also improves the quality of guardianship services through 650 hours of guardian training. Germany simplifies the application process for guardianship services to improve accessibility and ensures that representative authority is exercised only, when necessary, within legally permitted limits, thus protecting the ward’s right to self-determination. Japan’s guardianship system, comprising both statutory and voluntary guardianship, also seeks to uphold personal autonomy.