guardianship contract is a contract in which you leave the business of property management and personal protection to a reliable person in case you lack the ability to handle future affairs while you are still capable of judgment (Article 959-14 Paragraph 1 of the Civil Code).
Theguardianship agreement must be signed as a Fair Deed (Paragraph 2 of the same Article), so the process is much easier if you know in advance what to set and what documents to bring before you come to the notary office.
Real ☞ Case
My mother had a cerebral infarction in the past, but there was no great difficulty in her daily life.I felt that my cognitive function deteriorated a little over time, but when I accompanied him to the community center or hospital, he didn't have much trouble handling the administrative process as a caregiver, so I didn't feel the need to prepare for it.
However, my mother collapsed suddenly, and the bank couldn't confirm her intention, so it was difficult to extend the loan. I'm trying to ask the court for a guardianship initiation trial, but I'm worried that the length of time the bank said to wait is too short.
1. Must proceed with your judgement
The parties to theGuardianship Agreement are you and the person who will be the arbitrary guardian. I must be able to understand the meaning and contents of the guardianship contract at the time of signing.
After losing the ability to practice medicine due to dementia or brain disease, a new guardianship contract cannot be concluded, and only the method of requesting the adult guardian · limited guardianship initiation trial is left to the Family Court. In this case, the court decides who will be the guardian and what kind of work will be done. If you are starting to feel cognitive decline, it is when you start to prepare.
2. Decide who to appoint as arbitrary guardian
The main advantage of theguardianship contract is that you can choose your own guardian. You can choose your children, your spouse, your siblings, and even those who are not part of your family.
However, if the voluntary guardian falls under the grounds of disqualification of guardianship under Article 937 of the Civil Code, there is a significant flight, or there is a reason that is not suitable for the duties specified in the contract, the Family Court shall not appoint the voluntary guardian (Article 959-17 (1) of the Civil Code). If a supervisor is not appointed, the guardianship agreement will not be effective and the guardianship should be carefully decided.
3. Scope guardianship office
In theguardianship contract, you may be entrusted with all or part of the affairs concerning property management and personal protection (Article 959-14 Paragraph 1 of the Civil Code). It's a good idea to think ahead about what specific tasks you will be entrusted with, such as managing deposits, managing real estate, receiving pension · insurance, contracting hospital admissions, or contracting nursing facilities.
In addition, the standard form of the guardianship contract includes the office , which cannot be handled by the arbitrary guardian alone and requires the written consent of the arbitrary guardianship supervisor. Important property disposals or critical decisions about your identity are those that require you to be verified by a supervisor in order to protect yourself.
supervisor (based on standard form)
· Resident Buildings · Land for Sale, Lease, Charter · Mortgage Setting, etc.
· Quarantine decision to a psychiatric hospital, etc., critical medical practice
· Sales, borrowing money, and bearing only obligations
· Change of Rights Regarding Real Estate or Significant Property
· Litigation, Approval of Inheritance · Waiver and Inheritance Divide Agreement
4. Documents required to complete the process certificate
On the day of the guardianship agreement fairness certificate, you and your guardian must be present, and please bring the following documents:
| classification | Required Documents |
|---|---|
| Guardian | ID, stamp |
| Subject (self) | ID, stamp, basic certificate, resident registration herb |
5. After completing the fair certificate, you must also complete the guardianship registration.
Completing afair certificate does not end the process. The guardianship contract shall be registered in the guardianship register, and the registration application shall be made by the arbitrary guardian (Article 20, Paragraph 2 of the Guardianship Registration Act). A guardianship contract must be registered in order for the Family Court to appoint an arbitrary guardianship supervisor at a later date (Article 959-15 (1) of the Civil Code).
| Guardianship Register |
|---|
| Guardianship Agreement Certificate of Fairness Original |
| Basic certificate of guardianship, resident registration herb |
| Guardianship Registry Certificate |
| Guardian's Resident Registration Candidate |
| In-Person: Guardian ID Mailing: Guardian Seal Seal and Seal |
| Registration Application (Simplified required) |
6. What you need to know after your contract
takes effect from the appointment of an arbitrary guardianship supervisor
Theguardianship contract is effective from the time the Family Court appoints an arbitrary guardianship supervisor (Article 959-14 Paragraph 3 of the Civil Code). Subsequently, if the ability to handle my office becomes insufficient, I, my spouse, my next of kin, my arbitrary guardian, the prosecutor or the head of the local government shall request the Family Court to appoint a supervisor of arbitrary guardianship (Article 959-15 Paragraph 1 of the Civil Code). When someone other than you makes a claim, you must obtain their consent in advance, but not if you are unable to indicate your intention (Section 2 of the same Article).
If you change your mind, you can withdraw
If avoluntary guardianship supervisor is not appointed, I or the voluntary guardian may withdraw from the guardianship contract at any time in writing certified by the notary public (Article 959-18 Paragraph 1 of the Civil Code). After the appointment of a supervisor, the contract may be terminated only with the permission of the Family Court for good cause (Paragraph 2 of the same Article).
To summarize,
① Proceed when you have the ability to judge
② Voluntary Guardianship Decision
③ Determining the scope of the office to be entrusted
④ Attend with your · guardian and complete a fair certificate
⑤ Voluntary guardianship registration application
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