Family Case | A Case Leading to a Decision to Commence Adult Guardianship Despite a Recommendation of Limited Guardianship

The client who visited a family law attorney to apply for commencement of adult guardianship had been residing abroad when he heard that the dementia symptoms of his father, who had been living alone, had rapidly worsened, and he urgently returned to the country.

Upon confirmation after returning, the client learned that there were indications that the caregiver hired to look after his father had exploited his father's diminished cognitive capacity to misappropriate money for private purposes.

Accordingly, the client concluded that legal measures were urgently needed to prevent further harm to his father's property and personal interests and to block the caregiver's improper access.

Ultimately, in order to apply for commencement of adult guardianship as an institutional safeguard to protect his father, the client visited a family law attorney to seek a consultation regarding the family case.

The family law attorney comprehensively analyzed the father's past medical records and the results of cognitive function tests conducted on several occasions.

Through this, the attorney emphasized that the father was not in a state of temporary decline but in a process of continuous deterioration of cognitive function due to progressive Alzheimer's disease.

In particular, the attorney confirmed that a recent additional examination had resulted in a diagnosis of moderate dementia, and organized, with objective materials, the fact that cognitive ability had progressively declined as compared with the earlier initial-stage assessment.

Accordingly, by submitting the relevant medical certificate and examination results as evidence, the family law attorney actively established that the client's father was in a state going beyond mild cognitive impairment and requiring continuous protection and legal management.

In a situation where the court had recommended limited guardianship, the family law attorney requested that the court, by its authority, order an expert psychiatric examination in order to confirm that the client's father was currently in a state of continuously lacking the capacity to handle affairs.

In addition, the attorney guided the procedure so that the person concerned in the case could appear before the court in person and have his diminished capacity of judgment directly confirmed through an interview with the judge.

The family law attorney organized and submitted as materials the records of the caregiver's repeated withdrawals of money from the father's account and the flow of funds whose use was unclear.

In addition, while establishing the circumstances indicating an attempt to register a marriage, the attorney made clear to the court that, should the caregiver acquire the status of a lawful spouse in the future, this could have a significant impact on the disposition of property or on the inheritance relationship.

The family law attorney emphasized that, although the client's father was capable of expressing his intentions in everyday matters, he was in a state in which it was difficult for him to independently judge important legal acts such as the disposition of property.

Accordingly, the attorney established, on the basis of concrete materials, that commencement of adult guardianship was necessary in order to institutionally block the intervention of a third party and to promote stable management of the property

In family cases, adult guardianship is a system that provides comprehensive protection where the capacity to handle affairs is continuously lacking, whereas limited guardianship is a system that provides limited support within a specific scope where capacity is partly deficient, and the two differ in this respect.

A family case is an area that directly affects all aspects of an individual's life, including family relationships, property, and personal protection, so careful review of the organization of the facts and of whether the legal requirements are met is important.

At the consultation stage, the family law attorney of Daeryun Law Firm closely ascertains the course of the case and the current situation, and then legally reviews whether the requirements for adult guardianship are met.

In addition, the attorney responds stage by stage to the procedures required in the course of the trial, such as responding to a correction order, submitting additional materials, and proceeding with the expert psychiatric examination procedure, and provides systematic assistance so that the court can fully determine the necessity.

If you need assistance with a family case in a situation such as the above, please request the help of a 🔗family law attorney who, after accurately diagnosing the characteristics of the matter and the current situation, will present a tailored response strategy.