How do I apply for an adult guardian for a person with dementia?

Hello. This is an attorney experienced in family law at Daeryun Law LLC.

The adult guardianship system for persons with dementia that you mentioned is a system that assists with property management and legal acts on behalf of adults who lack decision-making capacity (such as dementia patients and persons with severe mental illness).

Simply put, you may understand it as a procedure in which, in a situation where the dementia patient cannot make important decisions on their own, a family member or a close person is designated as the legal guardian after a review by the court.

The scope of the guardian's authority is determined individually through the court's review.

An adult guardian for a person with dementia can be applied for directly by a family member (a spouse, a lineal blood relative, a sibling, etc.).

If there is no family or where there is a conflict of interest, a prosecutor or the head of a local government can also file the request.

The procedure for applying for an adult guardian for a person with dementia is as follows.

1. Filing a request with the competent family court

You submit an application for adjudication to commence adult guardianship with the family court that has jurisdiction over the ward's address.

2. Attaching a doctor's medical certificate

Materials that prove that decision-making capacity has significantly declined are required, such as a dementia diagnosis certificate or the results of an expert evaluation.

3. Designating a candidate for guardian

A guardian can be recommended from among the family, and the court reviews their suitability and appoints them.

4. Court hearing and decision

The court comprehensively considers the review of documents and, if necessary, an investigation of the parties and family and expert opinions, and determines whether to commence guardianship and the scope of the guardian's authority.

The guardian obtains authority over property management, such as withdrawing deposits, managing real estate, and concluding various contracts, as well as authority over personal protection, such as decisions on hospital treatment, admission to a care facility, and the hiring of a caregiver.

However, the court may specifically limit or adjust the guardian's authority.

To apply for an adult guardian for a person with dementia, you must prepare a family relationship certificate, a certified copy of resident registration, a dementia diagnosis certificate, a doctor's written opinion, a list of assets (deposits, real estate, etc.), and materials concerning the identity and financial situation of the candidate for guardian.

The adult guardian for a person with dementia is a system under which the guardian holds legal authority and is made responsible for the ward's life and property.

Therefore, it must go through the court's adjudication, and during the application process you must carefully prepare the dementia diagnosis certificate and the materials on the guardian's eligibility.

Daeryun Law LLC has extensive experience with requests to commence adult guardianship and can provide practical help to families in carrying out the procedure. If preparing alone feels burdensome, you may wish to obtain the assistance of an attorney.