In 2000 the Japanese legislature, dismayed by the number of seniors that lacked the ability to manage their own affairs, instituted a new nationwide system for guardianship. Since that time, the number of cases in the system has steadily increased in no small part due to the large number of retirees that reside in the country. But with that increase came a downside, the number of cases involving guardian misconduct began to rise as well. In response, the government instituted special trust accounts that require court approval for withdrawals by the guardian and, more recently, passed rules that further increased the oversight of the courts after a number of guardians were caught using ward’s money for luxury items and gambling. Despite these setbacks, the Diet seeks to expand the program since the majority of individuals who lack the mental capacity to conduct their own business still greatly exceeds the number of guardians appointed.
See, Financial misconduct by legal professionals acting as guardians hits record high, The Japan Times, April 13, 2016.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
