CONTENTS
- 1. The Client Who Needed an Application for an Adult Guardian
- - Background of the Petition for an Adjudication of Adult Guardianship
- 2. Contents of the Assistance in the Adjudication Commencing Adult Guardianship
- - Proving the Necessity of Commencing Adult Guardianship
- - Persuasion as to the Eligibility of the Petitioner, the Candidate
- 3. Result of the Adjudication Commencing Adult Guardianship, the Petition Granted
- - Learning About the Adult Guardianship System
- - The Necessity of Assistance from a Family Law Attorney
- - FAQ Regarding the Suitable Person for an Adult Guardian
1. The Client Who Needed an Application for an Adult Guardian
The client, who was in a situation requiring an application for an adult guardian, is a case in which, through the assistance of Daeryun's family law attorney, the adjudication commencing adult guardianship was granted, and the client personally was appointed as the adult guardian.
Background of the Petition for an Adjudication of Adult Guardianship
The client's father had been undergoing treatment for a brain tumor for about 3 years, and he was diagnosed with glioblastoma, which is classified as the most malignant among them, and underwent surgery.
The decisive occasion that made the adult guardianship system necessary for the client was that, after the surgery, the tumor metastasized to other areas and the father's intracranial pressure rose sharply, and as a result, his reasoning and judgment declined markedly, reaching a state in which decision-making was effectively impossible.
In addition, after the surgery, the mother filed a divorce suit, and as the divorce judgment became final, the client, as the eldest daughter, effectively assumed full responsibility for protection.
Accordingly, the client realized that, without the status of an adult guardian, it would be difficult to arrange admission to a nursing home or nursing hospital, to respond to emergencies, and to dispose of property in order to pay medical and nursing care expenses, and the client requested the family law attorney to petition for an adjudication commencing adult guardianship.
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2. Contents of the Assistance in the Adjudication Commencing Adult Guardianship
In the case of the adjudication commencing adult guardianship, the family law attorney established a response strategy centered on the following two issues.
∙ Securing the petitioner's eligibility to serve as an adult guardian
Proving the Necessity of Commencing Adult Guardianship
In order to commence adult guardianship, a mere medical history is insufficient, and a continuous and irrecoverable loss of the ability to handle affairs must be objectively demonstrated.
Accordingly, the family law attorney designed the structure of proof centered on the following materials.
▷ Medical opinions on the state of cerebral edema and mental incapacity
▷ The fact of long-term admission to a nursing hospital and the state of incapacity for daily living
Persuasion as to the Eligibility of the Petitioner, the Candidate
The petitioner (the client), as the candidate for adult guardian and the eldest daughter of the principal of the case, had substantially been responsible for long-term caregiving, transport to a nursing hospital, and the burden of living and nursing care expenses.
The family law attorney emphasized, through the following materials, that the petitioner was the most suitable person to serve as the adult guardian.
▷ Materials organizing the transfer to the nursing hospital and the state of protection
▷ A purport of the petition that clearly stated that the purpose of disposing of property was to cover nursing care and caregiving expenses
3. Result of the Adjudication Commencing Adult Guardianship, the Petition Granted
As a result of the adjudication commencing adult guardianship, the court comprehensively considered the following circumstances and granted the petition in full.
▪ The clarity of the necessity of commencing adult guardianship
▪ Recognition of the state of protection provided by the petitioner, the eldest daughter, and her eligibility
Accordingly, the court ordered the commencement of adult guardianship with respect to the principal of the case and rendered a decision appointing the petitioner as the adult guardian.
Learning About the Adult Guardianship System
An adult guardian refers to a statutory protector appointed by the family court in order to protect an adult who continuously lacks the ability to handle affairs due to illness, disability, old age, or the like.
Article 9 of the Civil Act (Adjudication of Commencement of Adult Guardianship)
(2) When rendering an adjudication of commencement of adult guardianship, the family court shall consider the intention of the person concerned.
Accordingly, an adult guardian is not a mere protector but, through an adjudication by the court, is officially appointed and holds the status of being able to represent another in a wide range of legal acts.
At this point, the following persons may petition for the appointment of an adult guardian.
Persons Entitled to Petition for the Appointment of an Adult Guardian
∙ The spouse
∙ A relative within the fourth degree of kinship
∙ Guardians and supervisors of guardians, and others
- A guardian of a minor
- A supervisor of a guardian of a minor
- A limited guardian
- A supervisor of a limited guardian
- A specific guardian
- A supervisor of a specific guardian
∙ A prosecutor or the head of a local government
An appointed adult guardian, in principle, holds a comprehensive right of representation and a right of revocation.
The tasks that a guardian can perform are generally as follows, and these may change depending on the type of guardianship and the scope of the guardian's authority.
Property Management | Management, preservation, and disposition of real estate |
Management of deposits, insurance, and the like | |
Management of regular income and expenditure | |
Purchase and sale of goods, and conclusion, modification, and termination of service use contracts | |
Custody and management of movables, certificates, and important documents | |
Acts under public law (tax filing and the like) | |
Acceptance of inheritance, qualified acceptance or renunciation, and agreement on the division of inherited property | |
Personal Protection | Medical acts : medical acts such as treatment, hospitalization, and surgery |
Housing-related acts : arranging, changing, or disposing of housing space, admission to and discharge from facilities, and the like | |
Use of social welfare services : application for welfare benefits, receipt and management of welfare benefits, use of welfare services, and the like | |
Management of social relationships : education, rehabilitation, employment, and the like | |
Other support for daily living |
The Necessity of Assistance from a Family Law Attorney
The adult guardianship system is a system that entails significant legal effects, such as the disposition of property and medical decisions.
In particular, an application for an adult guardian premised on the disposition of real estate is examined very strictly by the court, so a strategy that systematically structures the medical materials, the list of property, and the state of protection is essential.
Daeryun Law Firm has numerous family and inheritance law specialist attorneys registered with the Korean Bar Association, and through the assignment of a dedicated attorney to each case and continuous case monitoring, it provides comprehensive assistance from the commencement of adult guardianship through subsequent management.
If you need legal advice or assistance regarding the adult guardianship system, please feel free at any time to request a consultation through a 🔗legal consultation reservation.
FAQ Regarding the Suitable Person for an Adult Guardian
A. An adult guardian is, in principle, given priority consideration if the person is a close relative of the ward, such as a spouse, a lineal ascendant or descendant, or a sibling.Q. Can anyone become an adult guardian?
However, a person is not automatically appointed merely because the person is a relative. Whether the person is the suitable person is determined by comprehensively reviewing the actual possibility of protection, whether there is a conflict of interest, the ability to manage property, and the like.
When necessary, the court may also appoint a third party as the adult guardian.
A. The most important criterion is whether the person can stably protect the interests of the ward.Q. What is the most important criterion considered for being appointed as an adult guardian?
The court focuses on examining whether the adult guardian has actually been involved in caregiving or protection, whether there is a concern that the property may be used privately, and whether the person has the capacity to perform guardianship duties over a long period.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
