Changwon Family Law Attorney Assistance Case | Adult Guardianship Family Lawsuit, Recognized Case

This is the family law case story of the client who requested assistance from the Changwon family law attorney.

After the client's father passed away, the mother sold the home she had been living in, purchased a smaller home, and gave the remaining money to the client and the client's younger sibling.

However, the younger sibling used up all of the mother's remaining money and the money in her bank account.

The client became worried that the younger sibling might even dispose of the mother's remaining home, given her dementia.

For that reason, the client turned to the Changwon family law attorney at Daeryun Law Firm to care for her mother, who had dementia, and to protect her assets through an application for adult guardianship.

■ Laws Relevant to the Case, as Explained by the Family Law Attorney

▶ Meaning of the Adult Guardianship System

The ‘adult guardianship system’ is a system under which a guardian, appointed by a decision of the family court or by a guardianship contract, provides broad protection and support regarding asset management and daily life to an adult who needs assistance with handling affairs due to disability, illness, old age, or similar causes.

▶ Civil Act Article 9 (Adjudication of Commencement of Adult Guardianship)

(1) The family court shall adjudicate the commencement of adult guardianship with respect to a person who persistently lacks the ability to handle affairs due to a mental constraint caused by illness, disability, old age, or other causes, upon the request of the person concerned, the spouse, a relative within the fourth degree of kinship, a guardian of a minor, a supervisor of the guardianship of a minor, a limited guardian, a supervisor of limited guardianship, a specific guardian, a supervisor of specific guardianship, a prosecutor, or the head of a local government.

(2) When adjudicating the commencement of adult guardianship, the family court shall consider the intent of the person concerned.

▶ Civil Act Article 10 (Acts of an Adult Ward and Revocation Thereof)

(1) A juristic act of an adult ward may be revoked.

(2) Notwithstanding paragraph (1), the family court may set the scope of juristic acts of an adult ward that may not be revoked.

(3) The family court may change the scope under paragraph (2) upon the request of the person concerned, the spouse, a relative within the fourth degree of kinship, an adult guardian, a supervisor of adult guardianship, a prosecutor, or the head of a local government.

(4) Notwithstanding paragraph (1), an adult guardian may not revoke a juristic act, such as the purchase of daily necessities, that is needed for daily life and whose price is not excessive.

The dementia test results showed that the subject person had grade 4 dementia, indicating severe symptoms.

The family litigation attorney argued that, due to her dementia symptoms, the subject person lacked the capacity to manage her assets on her own.

For the client's application for adult guardianship, a consent form indicating that the family members consent to the guardianship is required.

The family litigation attorney argued that the client's remaining family member, the younger sibling, conveyed an opinion in favor of the client becoming the adult guardian.

Since learning of the subject person's dementia, the client has frequently visited the subject person's home, assisting with her overall daily life and providing financial support.

However, as the subject person's dementia symptoms worsened to the point where she needed nighttime care beyond daytime care, the client wishes to file an application for adult guardianship.

The client who turned to the Changwon family law attorney filed an application for adult guardianship in order to manage and care for her mother's assets.

With the assistance of the Changwon attorney, she was recognized as an adult guardian and was able to care for her mother without difficulty.

At Daeryun Law Firm, attorneys provide dedicated assistance to clients who wish to file an application for adult guardianship.

If you have concerns similar to those of the client above, please reach out to a family litigation attorney at Daeryun Law Firm.