CONTENTS
- 1. How the Client Came to Consider Applying for an Adult Guardian
- 2. What Are the Legal Procedures and Requirements for Applying for an Adult Guardian?
- - What Documents Are Required to Commence Adult Guardianship Proceedings?
- 3. What About the Visa Extension Approval Application Required Alongside the Application for an Adult Guardian?
- - What Documents Should Be Prepared for a Visa Extension Application?
- - What Is the Procedure for a Visa Extension?
- - What Should Be Noted When Applying for Approval of a Visa Extension?
- 4. What Was the Attorney's Strategy in Pursuing the Application for an Adult Guardian?
- - What Was the Attorney's Strategy in Pursuing the Visa Extension Approval Application?
- - What Help Did the Client Receive After the Application?
- 5. Does Applying for an Adult Guardian Always Require Professional Help?
1. How the Client Came to Consider Applying for an Adult Guardian
The client who came to file for adult guardianship was a woman of U.S. nationality who had married a Korean husband and was residing in Korea.
According to the consultation with the client, one day her husband fell into a coma due to a sudden traffic accident, after which the client came to bear the burden of caring for her husband and covering living expenses.
The problem was that the expiration date of the client's residence visa was not far off.
However, just as urgent as the visa extension was securing legal authority as an adult guardian in order to arrange funds for the husband's medical and nursing care costs.
Disposing of vehicles or financial assets held in the name of the bedridden husband had limits based solely on the status of being a spouse.
Accordingly, the client came to request assistance from this firm's inheritance specialist attorney and visa specialist attorney.
2. What Are the Legal Procedures and Requirements for Applying for an Adult Guardian?
An application for an adult guardian is not a procedure that ends with the mere submission of an application form.
In particular, as in this case where the person to be placed under adult guardianship is in a coma, a clear diagnosis, agreement among the family, and the court's determination are required.
▶Requirements for commencing adult guardianship
Submission of supporting materials such as medical records and a diagnosis of the mental and physical condition is required
The applicant may be the spouse, a lineal ascendant, a child, a sibling, or the like
▶Requirements for appointing an adult guardian
It is also possible to jointly appoint several guardians
Appointment is not possible where grounds for disqualification exist
▶Grounds for disqualification of an adult guardian
A person who has been declared bankrupt
A person who has been sentenced to imprisonment without labor or a heavier penalty
A person who is likely to harm the person under adult guardianship
What Documents Are Required to Commence Adult Guardianship Proceedings?
The main documents that must be submitted to the court for an application for an adult guardian are as follows.
2. Basic certificate and family relationship certificate
3. Certified copy of the resident registration record
4. Complete certificate of guardianship registration matters
5. Preliminary statement of current circumstances
6. Materials proving the relationship between the petitioner and the person to be placed under guardianship
7. Family opinion letter or consent form
When applying for an adult guardian, a medical certificate issued by a medical institution serves as key evidence, and depending on the condition of the person to be placed under adult guardianship, a psychiatric evaluation may be conducted in parallel.
3. What About the Visa Extension Approval Application Required Alongside the Application for an Adult Guardian?
A foreign national who is filing for appointment of an adult guardian is, in most cases, in a situation requiring long-term stay.
In particular, when caring for a Korean family member or when legal protective measures must be taken, an application for permission to extend the visa must be pursued together.
▶Cases where an application for permission to extend the visa is necessary
When grounds such as filing for appointment of an adult guardian, inheritance, caregiving, or treatment arise
When grounds for extending the stay exist within the scope permitted under the Immigration Act
▶Relevant statute
What Documents Should Be Prepared for a Visa Extension Application?
In a situation such as the client's, the following documents must be prepared when applying for a visa extension.
Documents proving the place of residence (such as a lease agreement)
A copy of the Korean spouse's resident registration
A marriage relationship certificate
A statement of reasons for extension of stay or a written statement
Materials substantiating caregiving and the family relationship (such as a medical diagnosis)
What Is the Procedure for a Visa Extension?
1. Online advance appointment for a visit
An appointment is required through the online system of the Immigration and Foreigners Office or the competent office
2. Submission and receipt of the application
Submit the application for permission to extend the period of stay together with the above documents
3. Payment of the fee
A fee of 60,000 won is incurred when applying for an extension of stay
4. Review and notification of permission
If there are justifiable grounds and supporting documents, a decision granting permission is made
What Should Be Noted When Applying for Approval of a Visa Extension?
If you exceed the prescribed period of stay, you may be subject to forced deportation or imprisonment for up to three years or a fine of up to 30 million won.
In addition, a change or extension of the status of stay appropriate to the purpose of stay (marriage, caregiving, guardianship, and the like) is required.
Because permission is not granted automatically simply by applying, the drafting of the statement of reasons on your behalf by a specialist attorney and the composition of supporting evidence are very important parts of the procedure.
4. What Was the Attorney's Strategy in Pursuing the Application for an Adult Guardian?
For the client filing for the appointment of an adult guardian, we provided multidimensional assistance that went beyond representation in document preparation. Because adult guardianship is a complex procedure that is not decided in a short period of time, a step-by-step strategy and execution were carried out as follows.
① Securing medical evidence and cooperation on the medical certificate
The specialist attorney, together with the client, consulted with the attending physician and the hospital's medical social worker to secure a medical certificate accurately describing the husband's comatose condition, as well as records of the course of hospitalization and a physician's opinion.
② Coordinating family opinions and organizing the consent forms
Adult guardianship may have its adjudication delayed or dismissed where there are differences of opinion among family members.
Through telephone and in-person consultations with the client's in-laws, the specialist attorney helped them understand the client's suitability as a guardian and secured their consent forms.
③ Reinforcing the statement of grounds for guardianship and supporting living materials
The attorney personally prepared a statement of grounds for guardianship containing the following.
▶The need to lawfully manage the vehicle and property in the husband's name
▶The client's actual readiness and willingness, as a spouse, to perform guardianship duties
④ Reviewing grounds for disqualification of a guardian and supporting guardianship registration
The specialist attorney reviewed in advance the client's criminal record, financial situation, family relationships, and the like, organized the absence of any problematic issues, and reflected this in the documents to be submitted to the court.
What Was the Attorney's Strategy in Pursuing the Visa Extension Approval Application?
The client, a U.S. citizen, needed to remain in Korea to care for her husband, but at the time about two months remained until the visa expiration.
The visa specialist attorney responded swiftly as follows.
▶Representation in preparing the application and accompaniment for document issuance
▶Preparation of a marriage relationship certificate, a resident registration copy, an alien registration card, and the like
▶Support with making a visit reservation at the immigration office and paying the fees
What Help Did the Client Receive After the Application?
Once the decision to commence adult guardianship became final, the client, registered as the adult guardian with the court, was granted the authority to lawfully dispose of part of the husband's assets.
The immigration attorney and the inheritance attorney collaborated to continue providing assistance as follows.
▶Filing insurance claims for hospital expenses and living costs
▶Legal advice on nursing care and hospital administrative procedures
The client said, “Thanks to their resolving, one by one, Korean legal procedures that I could not understand at all, I could finally breathe.”
5. Does Applying for an Adult Guardian Always Require Professional Help?
An application for adult guardianship is a complex procedure that lies at the intersection of law and medicine.
In particular, where a foreign national applies on behalf of a family member, various obstacles exist, such as nationality and residency status, language, and securing supporting documents.
In a complex situation like this case, the assistance of the following specialists may be needed.
▶ Visa attorney: Visa extension application, review of residency status, and immigration law advisory
▶International law and medical law advisory attorney: Resolution of nationality issues and preparation of hospital cooperation letters, among others
Even now, many families wish to provide legal and financial protection for their loved ones due to illness or accident.
However, many are at a loss because they are unfamiliar with the procedure.
In particular, adult guardianship involving a foreign spouse, a family member residing abroad, or an elderly person requires more careful legal handling.
Daeryun LLC provides a one-stop solution through the collaboration of attorneys specializing in each field and attorneys fluent in foreign languages.
If needed, you may proceed with a 🔗legal consultation appointment with Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings).
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