What if my guardian disposes of my property at will?

Conclusions cannot be drawn.  

Voluntary Guardianship Agreement is a system that predetermines who I trust as my guardian when I have the ability to judge. Such voluntary guardianship agreements shall become effective only after the appointment of a guardianship supervisor through the Family Court.

Therefore, notarization of an arbitrary guardianship agreement does not mean that you can immediately manage your property or make a decision about your identity.

Article 959-14 (1) of the Civil Code Guardianship Agreement is a contract that entrusts all or part of one's property management and personal protection affairs to others and awards them agency rights in relation to their consignment affairs in case of illness, disability, old age, etc., which are or will be insufficient in office processing capacity. Paragraph 3 The Guardianship Agreement is effective from the time the Family Court appoints an arbitrary guardianship supervisor. Section 4 Implementation of guardianship agreements When operating ·, you must treat your wishes with the utmost respect. is stipulated.

In other words, the guardian of has the right of representation of only for the affairs stated in the contract, and the agency also has the right of representation of from the time of appointment of the arbitrary guardianship of .

Therefore, just because a contract is stamped does not mean that a guardian can manage my property.

The guardian manages the property on behalf of the guardian, but the authority has a braking mechanism at the outset.  

If there is a guardian supervisor, the guardian must have the consent of the guardian supervisor in order for the guardian to: ( Civil Code Article 950 Section 1 )

In other words, a guardian cannot decide at their own discretion what acts have a significant impact on property, such as disposing of a house or important property or borrowing large sums of money.

Also, a notarized guardianship agreement does not immediately allow the guardian to start managing the property.

What if the guardian disposed of it at will without this consent? In accordance with Article 950 (3) of the Civil Code , the guardian or guardian supervisor can cancel the act . The disposition itself is not null and void, but it is a structure that can be reverted to its original state through the exercise of the right of cancellation.

Conversely, there may be cases where the guardianship supervisor refuses to consent without a valid reason, even though there is a risk that the interests of the guardian may be violated. At this time, the guardian may apply to the Family Court for permission to substitute consent (Article 950, Paragraph 2 of the Civil Code). While the consent process restricts the guardian's authority, it is also a dual deterrent to the guardian's abuse of authority.

consent process alone does not end. The Family Court oversees all guardianship affairs until the end of guardianship.

Property Situation Investigation and Disposal Order

Family Court may, ex officio or at the request of the head of the · Inspection · Municipality, the Guardian · Guardian Supervisor · Quaternary · Interested · Inspection · Municipality, investigate the property situation of the Guardian and order the necessary disposition of the Guardian ( Civil Code Section 954 ).

If the guardian is causing problems, the Family Court may change the guardian ex officio when necessary for the benefit of the guardian or at the request of the head of the · Inspector · Municipality, Guardian Civil Code Article 940 .

Guardians are obliged to handle guardianship affairs with the attention of a good manager, subject to the provisions of the Delegation ( Civil Code Articles 956, 681 ). If you violate this and cause damage to the subject, you may be liable for civil damages.

A criminal complaint is also to be considered if it is serious about stealing property.However, the criminal procedure requires separate professional judgment depending on the case, so we recommend that you consult with a civil response and a criminal response.

Restore your health and feel that you no longer need a guardian. At this time, if the cause of the initiation of adult guardianship has disappeared, the guardianship termination may be requested (Article 11 of the Civil Code of ). The claimant is himself, his spouse, relatives within 4 chambers, adult guardians, adult guardianship supervisors, prosecutors, and the head of the local government.

Most of the safeguards we've seen so far are reactive devices that work after guardianship has already begun. On the other hand, if you conclude a voluntary guardianship contract in advance while you are still healthy, you can decide who will be the voluntary guardian, who will be the supervisor, and how far the scope of the agency authority will be. Having someone you trust in advance is the strongest prevention.