@article{ART002722525},
author={Oh, Ho-Cheol},
title={Roles of lawyer under the promotion of use of adult guardianship system in Japan},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2021},
volume={9},
number={2},
pages={341-361}
TY - JOUR
AU - Oh, Ho-Cheol
TI - Roles of lawyer under the promotion of use of adult guardianship system in Japan
JO - Legal Theory & Practice Review
PY - 2021
VL - 9
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 341
EP - 361
SN - 2288-1840
AB - Japan enacted "the Act on the promotion of use of adult guardianship system" on April 15, 2016, and made "basic plan for promotion of use of adult guardianship system" on March 24, 2017 based on Article 12 of the same act. And they announced "interim report on the promotion of use of adult guardianship system" on March 24, 2020. The interim report on the promotion of use of adult guardianship system examines and evaluates the progress of various policies listed on the interim report on the promotion of use of adult guardianship system to organize individual task, requiring additional activity directions and reaction directions to nation, local governments and groups related to adult guardianship.
Therefore, this paper examines the role required by the lawyers focusing on groups related to adult guardianship or lawyers among professionals. In summary, first, there are issues which require to appoint lawyer as adult guardians (including guardianship, assistance, help). Second, if lawyer is appointed as adult guardian in the future, he/she must comply with not only the right of representation of simple property management and legal act on property management but also obligation to consider his/her own opinions. And to practice this, he/she must closely work with welfare officials who support adult ward in the community to act as a member of network that supports adult ward. Third, we can expect them to play a role as guardianship supervisor. Fourth, if adult ward or family has difficulty to apply adult guardianship, the head of community can apply this instead. At this time, lawyers are required to give advice on specific application procedures or strengthen solidarity with local public organizations. Fifth, lawyers can cultivate and support citizen guardians, and finally, they should support their own decision making.
KW - Adult guardian;adult ward;professional guardian;act on the promotion of use of adult guardianship system;basic plan for promotion of use of adult guardianship system;interim report on the promotion of use of adult guardianship system.
DO -
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Oh, Ho-Cheol. (2021). Roles of lawyer under the promotion of use of adult guardianship system in Japan. Legal Theory & Practice Review, 9(2), 341-361.
Oh, Ho-Cheol. 2021, "Roles of lawyer under the promotion of use of adult guardianship system in Japan", Legal Theory & Practice Review, vol.9, no.2 pp.341-361.
Oh, Ho-Cheol "Roles of lawyer under the promotion of use of adult guardianship system in Japan" Legal Theory & Practice Review 9.2 pp.341-361 (2021) : 341.
Oh, Ho-Cheol. Roles of lawyer under the promotion of use of adult guardianship system in Japan. 2021; 9(2), 341-361.
Oh, Ho-Cheol. "Roles of lawyer under the promotion of use of adult guardianship system in Japan" Legal Theory & Practice Review 9, no.2 (2021) : 341-361.
Oh, Ho-Cheol. Roles of lawyer under the promotion of use of adult guardianship system in Japan. Legal Theory & Practice Review, 9(2), 341-361.
Oh, Ho-Cheol. Roles of lawyer under the promotion of use of adult guardianship system in Japan. Legal Theory & Practice Review. 2021; 9(2) 341-361.
Oh, Ho-Cheol. Roles of lawyer under the promotion of use of adult guardianship system in Japan. 2021; 9(2), 341-361.
Oh, Ho-Cheol. "Roles of lawyer under the promotion of use of adult guardianship system in Japan" Legal Theory & Practice Review 9, no.2 (2021) : 341-361.
