Guardian

Minor guardianship is a system intended to protect a minor through a guardian when the minor cannot receive the protection of a person holding parental authority.

Cases Where a Minor Guardian Is Needed

Under Article 928 of the Civil Act, where all or part of parental authority cannot be exercised, the Family Court appoints a guardian.

Adult guardianship is a system intended to protect a person who lacks or is deficient in the capacity to handle affairs due to illness, disability, old age, or similar causes.

According to the court's determination, it is divided as follows.

For adult guardianship, limited guardianship, and specific guardianship, guardianship commences by adjudication of the Family Court, and the guardian is appointed by the court.

In contrast, voluntary guardianship is a system under which, before the capacity to handle affairs weakens, the person designates a guardian in advance by notarial deed, and guardianship then commences through the court's confirmation adjudication when the relevant cause later arises.

When appointing a guardian, the opinion of the minor (if the minor is 13 years of age or older) must be heard, and there may, in principle, be only one guardian.

In addition, a person with any of the following grounds for disqualification may not be appointed.

Within one month from the date of taking office, the guardian must attach the following documents and file a report with the city, gu, eup, or myeon office having jurisdiction over the domicile.

Where a minor guardian fails to file the report of commencement of minor guardianship within the period without justifiable grounds, an administrative fine of up to 50,000 won is imposed.

A minor guardian represents and manages the personal status and property of the person under guardianship within a comprehensive or partially limited scope, and bears the duty of care of a good manager.

Affairs Related to Personal Status

Affairs Related to Property

Where there is property that cannot be managed due to the objection of a third party, a separate manager may be appointed.

A minor guardianship supervisor prevents abuse of the guardian's authority and supervises the guardianship affairs as a whole, and is appointed by the Family Court or by will.

There may be several supervisors.

Authority and Duties of the Guardianship Supervisor

However, the following persons may not become a guardianship supervisor.

Minor guardianship terminates when the person under guardianship reaches the age of majority or when guardianship is no longer needed.

Adult guardianship commences by adjudication of the Family Court where the following requirements are met.

※ Once the adult guardianship adjudication becomes final, the adult ward is, under Article 9 of the Civil Act, regarded as a 'person of limited capacity,' and all juristic acts may, in principle, be cancelled; however, the court may recognize the validity of part of the juristic acts in light of the nature of the affair and the circumstances of the applicant.

The Family Court appoints a guardian together with the adjudication for commencement of guardianship.

It comprehensively considers the intention of the adult ward, the living environment, the state of the property, and similar factors.

Unlike a minor guardian, more than one adult guardian may be appointed.

However, a person who has any of the following grounds for disqualification may not become an adult guardian.

An adult guardian protects and manages the personal matters and property of the adult ward with the care of a good manager.

However, the affairs of the guardian may differ depending on whether the guardianship is limited guardianship, specific guardianship, voluntary guardianship, or another type.

Affairs Related to Personal Matters

Affairs Related to Property

The guardian may claim remuneration depending on the state of the adult ward's property, and the expenses necessary for performing the guardianship affairs are paid from the property of the adult ward.

An adult guardianship supervisor is appointed by the court in order to prevent abuse of the guardian's authority.

For the protection of the interests of the person under guardianship, the supervisor may request a report on the guardian's acts or apply for an order of the court.

However, a person who falls under any one of the following may not become an adult guardianship supervisor.

Adult guardianship terminates upon the death of the person under guardianship, the recovery of the capacity to handle affairs, or similar grounds.

This law firm includes a number of attorneys registered with the Korean Bar Association as family law specialists, as well as attorneys with an average of more than 10 years of experience.

It provides systematic legal assistance throughout the entire process, from establishing a plan for managing the property and personal matters of the person under guardianship, to filing the petition for adjudication of commencement of guardianship, responding to the court hearing, and fulfilling the management and reporting duties after the appointment of the guardian.

If it is difficult to prepare the procedure on your own, the assistance of a family law attorney may help you proceed more accurately and promptly.