| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 100 === The main purpose to reform the contemporary adult guardianship system is to respect and protect the right of self-determination so that people can lead a decent life and maintain the transaction security at the same time. Although the new amendments refer to the relevant laws and regulations of Japan, it is still uncertain whether the amended provisions can meet the needs of the aging society. Therefore, this paper is to assess and review Taiwan adult guardianship system, its defects and the problems that might occur after enforcement of the law, as well as to study and explore Japanese system comprehensively.
The goal of this paper is to help building a more robust, better adult guardianship system for Taiwan. This paper contains six chapters. The summaries of six chapters are as follows:
Chapter I, ”Introduction”, focuses on the motive, purpose and methods of this paper. Chapter 2, ”Legislation Spirit of Adult Guardian”, explains why adult guardianship system is crucial as human dignity and human rights are major concerns of all members of the international community today. Chapter 3 “the background and development of Adult Guardian System ”, introduces the history, definition, elements, surviving and termination, the obligations and supervision of an agent, as well as related provisions of civil law in Taiwan and Japan guardianship system. Chapter 4, ”the review of Taiwan adult guardianship system”, is to focus primarily on our current adult guardianship system, related provisions, and discusses whether it is necessary to amend the law and provisions. Chapter 5, ”A vision of the guardianship system in Taiwan”, will do some case studies of the guardianship system in Taiwan, and comments for the amended laws for adult guardianship system. Chapter 6 , “Conclusions and Suggestions”, summarizes the contents of chapter 1 to Chapter 5.
For future reference to re-amend the adult guardianship system are briefly outlined as follows：
1.The capacity of people under guardianship should not be deprived completely.
2. Expand the scope of the right to claim, and multi-guardians should exercise the power of attorney separately.
3. The major medical care for guardians should get consent from the court or authorized organs.
4. The period of declaration the custody or enlightenment for guardians should be suggested maximum of five years, if necessary, may alter or extend .
5. Amendment to the registration system of the adult guardians. decoupling with the registration of household administration information.
6. The supervisor and assistant supervisor for adult guardians should be established to assist the court to monitor or supervise the guardians.
7. The judgment rule for the capacity of intention should be specified clearly by judgment of psychiatry.
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