How do I apply for a dementia adult guardian?

Hello. This is a family law-specialized attorney from Daeryun Law Firm.

The dementia adult guardian system you mentioned is a system that helps adults with insufficient judgment ability (dementia patients, severe mental illness patients, etc.) with property management and legal acts on their behalf.

Simply put, it is a procedure where family members or close people are designated as legal guardians through court review when a dementia patient cannot make important decisions on their own.

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

Family members (spouse, lineal blood relatives, siblings, etc.) can directly apply for a dementia adult guardian.

If there are no family members or interest issues exist, prosecutors or local government heads can also petition.

The procedure for applying for a dementia adult guardian is as follows:

1. Filing with the family court of jurisdiction

Submit the petition for adult guardian commencement adjudication to the family court that has jurisdiction over the protected person's residence.

2. Attaching medical diagnosis

Materials proving significant decline in judgment ability are needed, such as dementia diagnoses or assessment results.

3. Designation of guardian candidate

You can recommend a guardian from among family members, and the court reviews suitability and appoints them.

4. Court hearing and decision

The court determines whether to commence guardianship and the scope of guardian authority by comprehensively reviewing documents, conducting party/family investigations if needed, and considering expert opinions.

The guardian gains property management authority such as withdrawing deposits, managing real estate, concluding various contracts, and personal protection authority such as deciding on hospital treatment, nursing facility admission, and hiring caregivers.

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

To apply for a dementia adult guardian, you must prepare family relations certificate, resident registration copy, dementia diagnosis, doctor's opinion, property list (deposits, real estate, etc.), and materials related to the guardian candidate's personal information and asset status.

The dementia adult guardian is a system that gives legal authority to be responsible for the life and property of the protected person.

Therefore, the court's adjudication must be obtained, and dementia diagnoses and guardian eligibility materials must be carefully prepared during the application process.

Daeryun Law Firm has rich experience in adult guardian commencement petitions and can provide practical help to family members in proceeding with the process. If preparing alone seems burdensome, we recommend receiving help from an attorney.