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The Practice Based on the role of Adult Guardians and Advantage Care Planning in Japan

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(2), pp.305-325
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2020
  • Accepted : May 24, 2020
  • Published : May 31, 2020

Oh, Ho-Cheol 1

1신경대학교

Candidate

ABSTRACT

We currently live in an aged society in Korea and will enter the super-aged society by 2025. When we enter the super-aged society, there will be more dementia patients than the present, or more complicated and diverse problems in health care and care needed as the elderly. For example, a problem may arise as to how to receive medical care and care when the decision-making ability becomes insufficient due to pre-death or dementia. Accordingly, Japan revised and implemented 「Guidelines on the decision-making process of healthcare and care at the final stage of life (hereinafter referred to as guidelines) 」in March 2018. This “Guideline” defines the process of supporting decision-making in health care and care. ① When family members can estimate his or her intention, the estimated intention is respected and the best policy is taken against him or her. ② When family members, etc. are unable to estimate his or her intentions, he / she should fully communicate with the family as a person for himself / herself and take the best policy for him / her. Adult guardians, in 「Family member etc.」, include a wider range of people (such as close friends) than in kinship in a legal sense in which he or she trusts. Therefore, adult guardians (third party guardians) are naturally included in the 「family member etc.」. Therefore, according to this 「Guideline」, the adult guardians are expected to take the presumptions of his or her intentions and participate in conversations with experts and take the best policy for them when their intentions are not presumed. At this time, the most important thing in estimating their intention is Advance Care Planning (ACP). Therefore, we have seen that adult guardians should take responsibility and play a role in the process of writing an ACP.

Citation status

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