The Dilemma and Its Inspiration of Japanese Adult Guardian System
Both Japan and Republic of China are being aged society rapidly. The rate of senior citizens (over 65 years old) has exceeded 20% in Japan in 2005, which made it an “aged society”. The country became an aging society as well when its rate of elders reached 14.3% in 2018. To help people with their long term care needs, dementia and other mental disorder protection, Japan has established adult guardian system in the Law of Nursing Care Insurance and amended its Civil Law accordingly. Both Laws were enacted in April 1st, 2000. In aged societies, because of their lacking or deficient in making judgement, elders are prone to being cheated, forced to bind a contract or mistreated, deprived of properties. Whether the protection of law is enough is worthy of reviewing. In Taiwan, the adult guardian system stipulated in Civil Law has only “legal guardianship” but “intended guardianship,” and the behavioral ability of the ward is to be deprived when his/ her guardian is announced. This obviously violates The Convention on the Rights of Persons with Disabilities, the Civil Law needs to be amended.