![[Attorney in front of Seoul Family Court] What is the difference between adult guardianship and limited guardianship?](/blog/uploads/2026-10/20261001_172631_e3b565.png)
[Guardian Attorney before Seoul Family Court] What is the difference between
adult guardian and limited guardian?
Sunhan Law Firm Representative Attorney Ko Mijin
If parents are diagnosed with dementia and come for guardianship, the first thing they ask is, "Should I do it as an adult guardian or as a limited guardian?"The two schemes have similar names, but they differ in the scope of what you can do on your own, the powers your guardian has, and the way the courts oversee them.
Adult Guardianship · Definition of Limited Guardianship: The Difference Between 'Persistent Lack' and 'Insufficient'
schemes are aimed at adults with mental constraints due to illness, disability, old age, or other reasons, and begin with the commencement trial of the Family Court. The difference is in the degree of office processing capability.
Article 12 (1) of the Civil Code (Judgment of Commencement of Limited Surveillance) The Family Court has the ability to handle affairs due to mental constraints due to illness, disability, old age, and other reasons. Insufficient Person About Myself , Partners , 4 Relatives within the village , Minor guardian , Minor Guardianship Supervisor , Adult guardian , Adult Guardianship Supervisor , Specific guardians , Specific Guardianship Supervisor , At the request of the prosecutor or the head of the municipality,The Limited Guardianship Initiation Referee . is almost the same as yourself, your spouse, relatives within 4 villages, prosecutors, and the head of the municipality.
Whether a claimant applies for limited or adult guardianship, the court makes the final determination, and the court may decide which protection is appropriate considering the purpose of the claimant's intention and system, regardless of the purport of the claim.
Purpose of the system: Not a system that decides instead, but one that supports the remaining abilities
The current guardianship system is based on the principle of respecting one's own will and ability to remain. This spirit is reflected throughout the article.
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The
- Family Court should consider your intentions when adjudicating the commencement of adult guardianship · limited guardianship (Article 9 (2) and Article 12 (2) of the Civil Code).
- guardians shall handle their affairs in a manner consistent with the welfare of the guardian, and shall respect the will of the guardian if it is not contrary to the welfare of the guardian (Article 947 of the Civil Code, Article 959-6 shall apply mutatis mutandis for limited guardianship).
- The guardian alone decides on his status to the extent that his condition permits (Article 947-2 Paragraph 1 of the Civil Code, limited guardianship applies mutatis mutandis to Article 959-6).
protection is required.
Guardianship: What can I do alone?
The main difference between the two schemes is that the principles and exceptions are opposite.
Adult Guardianship: Revocable in principle, except to the extent prescribed by the court
② The Family Court may determine the scope of the legal acts of the adult guardian that cannot be revoked.
④ Legal acts that are necessary for daily life, such as the purchase of daily necessities, and that are not excessive in cost, cannot be canceled by the adult guardian.
Contracts entered into by an adult guardian alone can, in principle, be revoked. However, the Family Court can set aside the scope of the irrevocable act, and this scope can be changed to the request of yourself, your spouse, relatives within the 4th cousin, adult guardians, etc. (Article 10 (3)). Transactions that are routine and not excessive in price, such as purchasing essentials, are not subject to cancellation.
Limited Advice: Valid in principle, only to the extent prescribed by the court
③ If the limited guardian does not agree that the interests of the limited guardian may be violated, the Family Court may grant permission to substitute consent at the request of the limited guardian.
④ If you have done an act of law that requires consent without consent, you can cancel the act. However, it excludes activities that are necessary for daily life, such as purchasing daily necessities, and that are not excessive in cost.
The limited guardian may, in principle, perform valid legal acts alone. Consent from a limited guardian is only required for acts where the Family Court has determined the scope of 'withholding consent' (e.g., borrowing more than a certain amount of money, disposing of real estate). It is also different from adult guardianship that if a limited guardian unfairly refuses to give consent, you can ask the court for permission in lieu of consent.
Role of Adult Guardianship and Limited Guardianship
Adult Guardian: Comprehensive legal representative
The adult guardian manages the property as the legal representative of the adult guardian and represents the legal acts related to the property (Article 949 (1) of the Civil Code). Although the powers are comprehensive in principle, the Family Court may set or change the scope of the statutory representation in consideration of the status of my estate · (Art. 938).
As forstatus, the authority is only supplementally recognized if you are unable to decide for yourself. For example, if you cannot consent to a medical act that infringes on your body, your adult guardian may consent on your behalf (Article 947-2 Paragraph 3).
LimitedParents: Consent-Focused Supplemental Support
The basic role of thelimited guardian is to consent to the extent of the acts prescribed by the Family Court (Article 13 (1) of the Civil Code). In principle, a limited guardian acts by himself/herself, so a limited guardian is more of a supplement to his/her decision than a substitute for himself/herself.
Regardingproperty management and personal protection, the provisions regarding adult guardianship shall apply mutatis mutandis, and limited guardians shall also handle their affairs in a manner consistent with the welfare of the guardians who are avoided, respect their own intentions, and may instead consent if they cannot consent to medical acts that infringe on the body (Articles 959-6, 947, 947-2 (3)).
Adult Guardianship VS Limited Guardianship
| classification | Adult Guardianship | Limited Guardian |
|---|---|---|
| Evidence Article | Civil Code Article 9 · Article 10, 929 or less | Article 12 of the Civil Code · Article 13, Article 14, Article 959-2 or less |
| Destination | Office processing capacity persistently lacking People | Office processing capacity Not enough people |
| Own legal acts | Revocable in principle (Article 10 ①) | Valid in principle (Article 13) |
| Exceptions | Non-cancellation scope set by the court, purchase of daily necessities, etc. | Consent is required only to the extent of consent withheld by the court |
| Guardianship Rights | Comprehensive Legal Representation Rights (Court Restricted Scope, Article 938 · Article 949) | The right to consent to the extent prescribed by theCourt (Article 13), and property management · personal protection apply mutatis mutandis to adult guardianship regulations (Article 959-6) |
| Consent denied | Not Applicable | I am requesting permission to give consent to the court (Article 13 ③) |
Both schemes will be registered in the Guardianship Register at the behest of the Family Court once the Commencement Judgment is finalized (Article 9 of the Household Procedure Act).
Restrictions on Guardianship and Supervision in Family Court: What Even a Guardian Can't Do
We also have a device that prevents abuse as we authorize guardians. The following is based on adult guardianship, but the same applies to limited guardianship (Articles 959-3 and 959-6).
Actions requiring permission fromFamily Court
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When quarantining in a psychiatric hospital or other place for the purpose of treating
- (Article 947-2 Paragraph 2)
- Where there is a risk of death or significant disability as a direct result of medical practice (Section 4 of the same Article, if urgent, post-license claim)
- If you sell, lease, chartered · mortgage, or terminate your lease on · land in a building occupied by the guardian (Section 5 of the same Article)
Conflicts of Interest and Supervision of Family Court
- Any act in which there is a conflict between the guardian and the guardian's interests (e.g., the child's guardian, who is the joint heir, is consulting on behalf of the parents to divide the estate) should, in principle, request the appointment of a special agent to the Family Court (Article 949-3). The
- Family Court may investigate property conditions and order necessary dispositions of guardianship at the request of ex officio or relatives (Article 954), and may change guardianship if necessary for the benefit of the guardian (Article 940).
- Guardianship should handle guardianship affairs with the attention of a good manager (Articles 956 and 681).
Adult custody or limited custody is not the name of the diagnosis, but is determined by the level of judgment and routine that you can actually handle. When choosing limited guardianship, it's important to decide what you want to consent to in order to protect yourself and your actual guardianship.Organizing family opinions, guardianship candidates, and specific matters requiring a guardian before filing a claim will make the process easier.
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