Mr. Iwasawa
The ability to judge the abilities and capabilities of each individual will be the most crucial point. In Japan, we regard the opinion of psychiatrists in this respect uppermost. In my opinion, we should get rid of this approach. I am not suggesting to make the assessment process more mechanized or routine, but rather to do it on a more individual-specific basis. It may not be easy. We may first have to make our own mental change in how we evaluate individual capacity.

Mr. Iwasawa
I would like to point out that the laws pertaining to consumer protection should be reexamined. The ongoing cooling-off period (see Footnote 3) has some problems too. The cancellation of a contract requires a certain time frame, which is not practical for those who live alone and unable to be reminded of such stipulations. They can easily miss deadlines.
A cooling-off clause is set with the expectation that every contractor has fixed capacity to express his will. When one does not meet this expectation or too weak to express oneself, how do you apply this system to these individuals? To amend laws to suit such highly individual problems is very difficult, yet we can't escape from devising some way to accommodate these people.

As a development of the infrastructure to sustain such a guardianship system, it is mandatory that the functions of the court system be improved.
We can't accomplish this by simply adding to the number of family court staff. We must be able to mobilize other professionals and individuals outside the courtrooms. We may have to out source in order to mobilize the appropriate individuals, paying part-time fees for services rendered by them. In my understanding, this is a type of practice you might find in the United States.

Isamu Iwasawa

Publications: Handling of Real Estate Registration, Jiyukokuminnsha, Legal Advice for Real Estate Registration, and many others

Monographs: Thoughts on Asset Management for Aging Citizens, Judicial Seminar, July 1996 issue; On Asset Management by the Association of Judicial Scriveners, Koseifukushi, April 20, 1996 issue.