What's New Index 0 1 2 3 4 5 6 7 vol.4

Criteria for "Need for Aid"

How do you evaluate the bill as proposed and delivered? Mr. Nukada Japanese laws in this area to date have been strictly limited to incompetence and competent, a very inflexible system. On the other hand, the abilities and capabilities of individuals are highly diverse. It is not the matter of black and white, and there are many degrees in between. This is the point recognized by the new law. The two step staircase is to be converted to a gradual slope. To take aid for instance: it can now be modified as to fit individual levels of required assistance. Some individuals may be losing their judgement ability but not to the point where they need to be found quasi-incompetent. But without aid, they may be abused by unscrupulous merchants. The new aid program can be applied in very flexible manner in such a case. They can choose from such options as cancellation rights, consenting rights or the right to designate an attorney. Nothing will be imposed. The court will support the choice they made themselves. The current system rules either that an individual is competent or quasi-competent strictly in accordance with the judgement ability of that person. What makes the new system different from the current one is a categorically different view and criterion, namely "need for aid". In my judgment, this is a breathtaking new approach. This is what we regard most the advanced approach in this area, already in practice within the framework of the continental guardianship system in Germany. There, guardianship is limited to the exact area where aid is needed, without imposing anything not warranted. Another breakthrough is the incorporation of concept of self-decision as to the choice of one's aging life style. As an attorney, I have been advocating this type of rather discretional or voluntary guardianship system. So, naturally I evaluate the new system very highly with the caveat about the role of the family court, which appears to have been left behind in a role for voluntary guardianship that is to be primarily supervised by a guardian. Substituting a guardian for the court 's role may be a little harder for the beneficiaries to depend upon and availability of qualified individuals for guardianship duty may be another problem. Next What's New Index 0 1 2 3 4 5 6 7 vol.4 (c)2000 LEC TOKYO LEGALMIND CO.,LTD.