I would like to know precisely about a person under adult guardianship.

The systems of adult guardianship and limited guardianship are systems that you must understand precisely in order to protect the assets and daily life of a family member whose decision-making capacity has declined due to dementia or the like.

Our Civil Act provides for different guardianship systems depending on the degree of mental limitation that arises due to illness, disability, old age, and the like. The key is the extent of that person's capacity to handle affairs.

Article 9 of the Civil Act provides for the adjudication of the commencement of adult guardianship.

The Family Court is to render an adjudication of the commencement of adult guardianship, upon the request of the person concerned, a spouse, a relative within the fourth degree of kinship, a prosecutor, the head of a local government, and the like, with respect to a person who continuously lacks the capacity to handle affairs due to illness, disability, old age, or other causes, that is, a person who has little or no decision-making capacity.

When such an adjudication is made, the subject is referred to as a person under adult guardianship. A person under adult guardianship legally means a person in a state of complete lack of capacity to handle affairs, and a representative example is a patient with severe dementia.

Once a person becomes a person under adult guardianship, in principle they cannot independently perform valid juristic acts, and asset management or important decisions can be made only through the adult guardian appointed by the court.

On the other hand, Article 12 of the Civil Act provides for the adjudication of the commencement of limited guardianship. This provision applies to a person who lacks sufficient capacity to handle affairs due to illness, disability, old age, and the like, that is, a person whose decision-making capacity has not been completely lost but who has difficulty with important property acts or juristic acts.

In this case, the Family Court appoints a guardian through an adjudication of the commencement of limited guardianship, and the subject is referred to as a person under limited guardianship.

A person under limited guardianship refers to those who can carry out daily life relatively well but who are in a state of mild dementia or cognitive decline that carries a risk of misjudgment in matters such as the disposal of real estate, the conclusion of financial contracts, and the preparation of complex documents.

In this case, not all acts are restricted; rather, the guardian's consent is required only for acts within the specific scope determined by the court.

In principle, those entitled to apply for a guardian are the person concerned, a spouse, a relative within the fourth degree of kinship, a prosecutor, the head of a local government, and the like.

Because once a guardianship system commences it is directly connected to matters such as the disposal of assets, financial transactions, and inheritance, it is very important, from the early stage of adult guardianship, to receive the help of a family law attorney, carefully choose the type of guardianship, and proceed with the procedures.