Adult Guardianship System: Provide Seamless Support for the Elderly

Editorial

15:13 JST, May 7, 2026

For elderly people experiencing a decline in their physical and mental abilities, managing funds and real estate can be a source of anxiety. A system that handles procedures on their behalf and supports their lives is essential.

A bill has been approved at a Cabinet meeting to revise the Civil Code. The revisions are meant to fundamentally review the adult guardianship system to assist mainly with the management of assets for individuals who do not have sufficient ability to make judgments due to dementia or intellectual disabilities. The bill will now be deliberated in the Diet.

Under the current system, family courts select either a “guardian,” “curator,” or “assistant” based on the capacity of the elderly person to make judgments, and that person acts on their behalf in procedures such as the sale of real estate and the use of welfare services.

Eighty percent of guardians and others are nonfamily members such as lawyers or judicial scriveners. The number of people currently using the system stands at 260,000.

The combined number of elderly people with dementia and mild cognitive impairment — a precursor to dementia — is estimated to exceed 10 million. With the progression of an aging society, this number is expected to rise further. Addressing this issue can be deemed an urgent priority.

Under the current system, once a person begins using the system, they cannot stop unless they recover their ability. For this reason, fees continue to accrue indefinitely, and even if disputes arise between guardians or other appointed persons and users of the system, for example, the guardians or others cannot be replaced. Consequently, there are complaints among users that the system is “difficult to use.”

According to the revision bill, the three types of appointed persons — guardians, curators and assistants — would be unified under the single title of “assistants,” with family courts individually determining the specific actions assistants can perform on behalf of users. Furthermore, users would be able to terminate the service if that is approved by family courts.

This would enable a division of roles, such as having a lawyer acting as an assistant handle only specific tasks including the disposal of real estate rather than managing all assets, while relatives handle the day-to-day management of savings and deposits, among other tasks.

By shifting from a rigid “lifetime system” to a “tailored system,” it is hoped the use of the system will be expanded.

It is important to continue providing seamless support for elderly people’s lives even after the use of assistants has ended.

The government reportedly plans to establish programs in which social welfare corporations and nonprofit organizations will assist with monitoring the elderly and managing their living expenses. The activities of “citizen guardians” — local residents who have undergone training sessions with local governments to monitor the lives of the elderly while providing support — are also expanding.

It is essential for local residents, private organizations and government agencies to deepen their collaboration and increase the number of people who can provide support.

Under the new system, the role of family courts will become more significant in assessing the judgment of the elderly and determining the duties of assistants and when to terminate their services. It is hoped that a system will be put in place at family courts so that they can provide meticulous support while respecting the wishes of elderly persons themselves.

(From The Yomiuri Shimbun, May 7, 2026)