Annual Report 2013
also
informed
the
Commission
of
the
Ministry's
plan
to
make
institutional improvement. For instance, the Ministry would review the
Commission's recommendations for inclusion in the Ministry's guidelines
for government contracts.
F. Recommendation to Improve the Guardianship for Adults
The recently revised Civil Act repealed the concept of incapacity of
acting, and introduced the concept of guardianship for adults. The
guardianship for adults was to be in effect from July 1, 2013. The
Commission, however, found that related government entities and the
Judiciary were not fully ready for the introduction of the concept of
guardianship for adults. As such, the Commission recommended the
Chief Justice, the Minister of Justice, and the Minister of Health and
Welfare, on May 16, 2013 that they should make institutional
improvement for full operation of the guardianship for adults system.
The NHRCK, in this regard, issued recommendations to the Chief
Justice. They include: granting, in principle, the incapacitated person
an opportunity of statement in the adjudication proceedings of the
petition for adult guardianship; participation of a communications expert
or reliable person to correctly understand the intention of the
incapacitated person; hearing the opinions of various related persons to
provide guardian services needed in daily life; securing necessary
human resources including family affairs inspectors for the supervision
of guardianship; and inclusion in the family litigation regulations of
guardians' duty to report on guardian work.
38 ▪▪▪ Part
II. Major Activities of the Commission