Guardianship system advisory case | Decision to initiate limited guardianship for adult children with intellectual disabilities

The reason the client was considering applying for a guardianship system was because of problems with loans and small payments for his adult children.

Although my child had an intellectual disability, he was able to have basic conversations and engage in everyday life.

JustDifficulty making financial decisions or managing property, making small payments on mobile phones, impulsive spending, and loan problemswas continuing.

Whenever a problem arose, the client would settle arrears or resolve contract issues, but after the child became an adult, it was difficult to directly intervene in financial transactions or contract issues simply because they were the parents.

Accordingly, the client decided that while respecting the child's daily life as much as possible, certain protection was needed for property management and contract issues. After reviewing the appropriate type of guardianship, the client requested consultation with a family lawyer to proceed with the procedure for initiating limited guardianship.

The family lawyer reviewed the degree to which the child was able to lead a daily life and what difficulties there were in property management and contract judgment.

Because the child was capable of basic communication and living, it was not an issue that required comprehensive restrictions on all legal activities.

However, difficulties in making economic decisions were identified in the process of repeatedly executing loans or making small mobile phone payments, and the family was responsible for settling arrears and responding to financial institutions that arose after signing the contract.

Circumstances in which limited guardianship was deemed necessary

To support the need to initiate limited guardianship, the family lawyer looked at the loan and small payment issues that arose with the child and the family's response.

In a guardianship judgment, simply explaining the lack of financial understanding may not be enough, so it was necessary to show in detail how the actual financial problem arose and how the family resolved it thereafter.

The child had a history of delinquent payments due to small payments and loans using mobile phones, and each time the client responded to the problem by checking the payment details or contacting the financial institution.

Accordingly, the family lawyer organized the circumstances so that they could be used as materials to demonstrate the need for limited guardianship.

Data organized to demonstrate the need for protection

The client was a family member who was the first to check and respond whenever a problem occurred with their child.

When mobile phone bills or loan arrears occurred, I checked the payment details and was directly responsible for contacting financial institutions and responding to contract issues.

He was a guardian who was well aware of his child's living situation and property management situation, as he had been managing living expenses and bearing the burden of expenses for a long time.

Contents organized to clarify guardianship eligibility

Based on the above, the family law lawyerExplain that the client is a guardian who has continued to take care of the stability of the child's life and the protection of his or her property.I did it.

When requesting the initiation of limited guardianship, materials confirming the child's condition and need for protection must be submitted.

Accordingly, the family lawyer has compiled data that can explain loan and small payment issues and the protection of the family, including diagnostic data and family relationship data.

In particular, in order to explain that the child is able to lead a daily life but needs protection in the area of ​​property management, we have summarized the purpose of requesting judgment by linking the life history and the circumstances of the financial problem.

Materials prepared for requesting limited guardianship judgment

Both adult guardianship and limited guardianship are procedures to protect adults who have difficulty handling affairs on their own.

However, the two systems differ in the degree to which protection is needed and the scope of guardian intervention.

Adult guardianship is considered when a person continues to lack the ability to handle affairs due to mental limitations, and is utilized when protection is needed for property management and overall legal actions.

On the other hand, limited guardianship is considered in cases where basic communication and daily life are possible, but protection is needed in some areas such as property management or contract judgment.

Scope of protection by type of guardianship

In this case, although the child was able to live a basic life, difficulties were identified in the area of ​​property management, such as loans, small payments, and contract judgment.

Accordingly, rather than adult guardianship, which comprehensively restricts all legal activities, the procedure was carried out in the form of limited guardianship, which can protect property management and contract issues to the extent necessary.

Even if you feel that your family needs protection, guardianship is not immediately granted based on your family's judgment alone.

The family court comprehensively examines the person's mental and physical condition, ability to lead a daily life, ability to manage property, and the actual circumstances of the damage.

In particular, since adult guardianship and limited guardianship have different scopes of protection, it is necessary to first review whether the matter requires overall restrictions on legal activities or protection in specific areas.

Before requesting a judgment for guardianship commencement, it is a good idea to prepare diagnostic data and living records, as well as details of loans and small payments and how the family has resolved the problem.

Daeryun, the 9th largest law firm in Korea (based on 25 years of value-added tax reporting to the National Tax Service), focuses on family lawyers with experience in guardianship cases and comprehensively reviews the mental and physical condition of the person involved, the circumstances surrounding the protection of the family, and property management issues.

If necessary, we collaborate with experts in the civil, criminal, and tax fields to systematically assist with the overall adjudication process by examining legal issues that may lead to debt issues, property disposal, inheritance/gift disputes, etc.

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