※　All court proceedings are conducted in the Japanese language (Article 74 of the Court Act).

What are domestic relations cases? How do they differ from civil court proceedings?

　As the proceedings of domestic relations cases are for resolving family affairs, the court is required not only to make a legal determination but also to resolve an emotional conflict between the parties. In addition, in terms of the nature of the proceedings, the court is required to engage in the proceedings while giving consideration to the privacy of the relevant individuals and having the perspective of being their guardian. Therefore, unlike civil litigation proceedings, the proceedings of domestic relation cases are not carried forward in open court with a focus on a legal determination, and there is a mechanism in which a case is handled under the inquisitorial system while ensuring specific appropriateness.

What is the guide for the proceedings of domestic relations cases?

　The family court explains and introduces the adjudication and conciliation proceedings in order to make the proceedings in family court easier to use.

What is adjudication?

　Adjudication is the proceedings in which a judge makes a determination concerning certain matters that are to be handled in the proceedings of adjudication in family court from amongst family-related disputes based on various materials, such as documents submitted by the parties and the result of examination conducted by a family court investigating officer.

What is conciliation?

　Conciliation is the proceedings in which a conciliation committee composed of a judge and two or more conciliation commissioners selected from civilians with good sense give advice and perform mediation by asking both parties for details or hearing their opinions so that the problem can be resolved in a manner convincing to both parties.

What should I do if an arrangement made in conciliation or adjudication is not observed?

　You may use the procedure for recommendation of performance.

In what cases can the teleconference system be used on a date for conciliation of domestic relations or adjudication of domestic relations?

　In conciliation and adjudication, the parties themselves who are summoned must, in principle, appear on a date for conciliation proceedings, etc. However, where a family court finds it to be appropriate, such as where a party lives in a remote place and has difficulty in attending the family court in which conciliation, etc. is conducted, the family court may, after hearing the opinions of the parties, conduct the proceedings on the date by means of the teleconference system (Article 258, paragraph (1) and Article 54 of the Domestic Relations Case Procedure Act).
　The court that actually conducts conciliation, etc. determines whether to use the teleconference system after hearing the parties' wishes and specific circumstances. However, if use of the teleconference system is permitted, a party who lives in a remote place is required to attend a court near to him/her where the teleconference system is installed.
　There are certain legal restrictions. For example, with respect to conciliation regarding divorce or dissolution of an adoptive relationship, such conciliation cannot be successfully achieved by means of the teleconference system(Article 268, paragraph (3) and Article 277, paragraph (2) of the Domestic Relations Case Procedure Act).
　In light of the purport of the Domestic Relations Case Procedure Act, the family court intends to promote the appropriate operation of the teleconference system in order to make the proceedings of domestic relations cases easier to use for the people. Therefore, please consult with a family court engaging in conciliation, etc. if you live in a remote place or have any other difficulty.

What proceedings are available in a family court with respect to a dispute regarding marital relationship, parent-child relationship, etc., such as a divorce, dissolution of an adoptive relationship between adoptive parents and a child, acknowledgement of parentage of a child?

　As it seems to be appropriate to resolve such dispute basically through discussion, it is first necessary to file a petition for conciliation of domestic relations. If such dispute cannot be resolved in the conciliation of domestic relations, the parties file a personal status litigation.

What is personal status litigation?

　Litigation to resolve a dispute regarding marital relationship, parent-child relationship, etc. is referred to as "personal status litigation."
　A representative example of personal status litigation is litigation for divorce. In litigation for divorce, the parties may petition a family court to determine the distribution of property, child support, etc. at the same time. In addition, the parties may file litigation for solatium for divorce together with litigation for divorce.

How does personal status litigation differ from conciliation of domestic relations?

　Conciliation of domestic relations is the proceedings in which a conciliation committee carries forward discussion between the parties with the aim of achieving an amicable resolution by agreement. However, personal status litigation is the proceedings in which a resolution by a judgment of judges is aimed at after the parties mutually plead their cases and give evidence supporting them. Conciliation of domestic relations is not open to the public, but personal status litigation is carried out in open court unless there are special circumstances.

Where should personal status litigation be filed?

　Personal status litigation should be, in principle, filed with a family court that has jurisdiction over the domicile of a party (for divorce, husband or wife). However, if such family court is not a family court that has already handled conciliation of domestic relations before the filing of the personal status litigation, the family court that handled the conciliation of domestic relations handles the personal status litigation in some cases.

How can personal status litigation be filed?

　A complaint, fee, postage stamps, a copy of a family register, etc. are necessary. Please ask about the amount of the fee and postage stamps and necessary documents and the number of copies thereof at the office for domestic relations case petitions.

What should I do when facing personal status litigation?

　You will receive a complaint, a writ of summons for a date, etc. Please submit a written answer and come to the court on the date stated in the writ of summons in order to argue against the other party's claims and express your own claims.

I want to get a divorce, but I cannot reach an arrangement. What should I do?

　You can use conciliation regarding the adjustment of marital relationship.

My spouse and I have agreed to divorce, but we cannot reach an arrangement concerning care of our child. What should we do?

　You can file a petition for conciliation regarding the adjustment of marital relationship, and during the conciliation proceedings, you can discuss which of you will take care of your child (which of father and mother will become a person who has parental authority (person who has custody) over the child) after divorce.

I want to get a divorce, but I am anxious about my living after the divorce because I am not working. Can I demand the distribution of property, division of pension, and solatium?

　First of all, your spouse and you are to make an arrangement through discussion at the stage of divorce by agreement. However, if you cannot reach an arrangement, you may file a petition for conciliation regarding the adjustment of marital relationship (divorce) and discuss the distribution of property, etc. in the conciliation.

I want to stop my spouse from committing adultery (engaging in the bad habit of drinking or exercising brute force, etc.) and return to the original harmonious marital relationship. What should I do?

　You may use conciliation regarding the adjustment of marital relationship.

I am troubled because I am undecided whether to get a divorce. In such case, can I also file a petition for conciliation?

　Yes, you can. Conciliation regarding the adjustment of marital relationship is just to set up a forum for discussion between husband and wife. Therefore, it is not necessary for the parties to have a fixed intention to get a divorce at the time of filing a petition for conciliation. You are to decide whether to get a divorce or make another try through discussion in the conciliation.

Our marital relationship ceased to be good because of my spouse's adultery, and I went back to my parents' home and am living there with my first daughter. However, I cannot live only on my parents' support. What should I do?

　If an estranged husband and wife cannot reach an arrangement concerning the sharing of cost of living (living expenses), they can file a petition for conciliation with a family court to seek the sharing of living expenses.

Even if I get a divorce and am designated as a person who has parental authority over my child, I do not have economic strength to take care of my child. Can I demand that my ex-spouse pay child support?

　If parents cannot reach an arrangement concerning the payment of child support, the procedure for demanding the payment of child support is available after divorce.
　Before divorce, parents may make an arrangement concerning child support in conciliation regarding the adjustment of marital relationship.

Even if I get a divorce and my spouse becomes a person who has parental authority over my child, can I have visitation with my child on a regular basis?

　If parents cannot reach an arrangement concerning visitation (contact by visitation) with their child, the procedure for contact by visitation is available after divorce.
　Before divorce, parents may make an arrangement concerning contact by visitation in conciliation regarding the adjustment of material relationship.

Please tell me about the distribution of property. In addition, how is discussion about the distribution of property carried forward in conciliation regarding divorce?

　Distribution of property means dividing property that husband and wife have obtained in cooperation during marriage at the time of or after their divorce.
　If the parties cannot reach an arrangement concerning the distribution of property after divorce, they may file a petition for conciliation with a family court within two years from their divorce to seek the distribution of property.
　Before divorce, a husband and wife may discuss the distribution of property in conciliation regarding divorce.

I cannot agree with my (ex-)spouse on a pro rata share (rate of division) for the division of pension. What should I do?

　If the parties cannot agree on a pro rata share (rate of division) for pension under the system for the division of pension upon divorce, they may use the proceedings in family court.
　After divorce, the parties may file a petition for adjudication or conciliation with a family court within two years from their divorce. In addition, before divorce, the parties may hold discussion concerning the rate of division in conciliation regarding divorce.
　After the rate of division of pension is determined in adjudication or conciliation in a family court, it is necessary for either party to take procedure for demanding the division of pension at a pension office, mutual aid association or the Promotion and Mutual Aid Cooperation for Private Schools of Japan within a certain time limit in order to actually use the system for the division of pension.

I am planning to get a divorce due to my spouse's unchaste act, and I want my spouse to pay solatium. What should I do?

　Solatium is compensation for loss or damage intended to solace mental distress suffered by one party due to the other party's tort, and one party may demand the payment of solatium, for example, in the case where he/she has come to have no other choice but to get a divorce due to the other party's act.
　If one party demands the other party who caused their divorce pay solatium, he/she may use the conciliation proceedings in a family court.
　Before divorce, the parties may hold discussion on solatium in conciliation regarding divorce.

I want to settle difficulties in relationships with my spouse's parents and siblings in some way. Can I use conciliation?

　You may use conciliation regarding the adjustment of relationship with relatives.

What should I do to get the payment of child support from my ex-spouse?

　It is first necessary to make an arrangement through discussion with your ex-spouse. However, if discussion makes no progress, you may use the procedure for demanding the payment of child support.

Can I increase (or decrease) the payment of child support already decided?

　It is first necessary to make an arrangement through discussion with your ex-spouse. However, if discussion makes no progress, you may hold discussion on the increase of child support by using the procedure for demanding the payment of child support.

I want to have visitation with my child after divorce. What should I do?

　It is first necessary to make an arrangement through discussion with your ex-spouse. However, if discussion makes no progress, you may make an arrangement concerning visitation by using the procedure for contact by visitation.

How are the frequency and manners of visitation with my child decided in conciliation?

　Contact by visitation with a child must be of help to the sound growth of the child. Therefore, in the conciliation proceedings, discussion is carried forward in consideration of the child's age, sex, character, life rhythm, and living environment and whether he/she has started school, etc., while paying sufficient attention to prevent him/her from suffering mental burden, so that the parties can make an arrangement with respect for their child's intention. In addition, in making an arrangement concerning contact by visitation, the court gives advice with respect to the matters to which the parents of a child should pay attention when having contact with the child through visitation.

What should I do to change a person who has parental authority over my child so that I can get custody of my child from my ex-husband (or ex-wife) who has parental authority and take care of him/her?

　A person who has parental authority cannot be changed without going through conciliation or adjudication for the change of a person who has parental authority in a family court. Therefore, it is necessary to file a petition for the change of a person who has parental authority.

After divorce (or during living separately), my ex-husband (ex-wife, husband or wife) removed my child whom I had been taking care of. I want to get my child back. What should I do?

　You may use the procedure for the transfer of a child.

My husband died, and my minor child and I (wife) must hold deliberation on the division of estate. What should I do?

　As a wife and her child are in a conflict-of-interest relationship (if one party acquires more estate, estate acquired by the other party becomes less to that extent), a wife cannot represent her child in holding deliberation on the division of estate. Therefore, it is necessary to file a petition for the appointment of a special agent with a family court, and the appointed special agent is to represent the child in holding deliberation on the division of estate with the wife.

I must establish a mortgage on real property owned in the name of my minor child as security for my borrowing. What should I do?

　As a parent and child are in a conflict-of-interest relationship, a parent may not represent his/her child in concluding a contract on the establishment of a mortgage. Therefore, it is necessary to file a petition for the appointment of a special agent with a family court, and the appointed special agent is to represent the child in concluding a contract on the establishment of a mortgage.

It is necessary to care for and take care of or administer the property (claim for insurance proceeds, etc.) of a minor child whose parents died. What should I do?

　It is necessary to file a petition for a ruling of the appointment of a guardian of a minor, and the appointed guardian of a minor is to administer the property of the minor.

What should I do to prove that I am a guardian of a minor?

　A guardian of a minor is stated in a copy of a family register of a minor ward. So, please acquire a copy of the family register of the minor ward.

I want to adopt a minor as an adopted child. What should I do?

　In principle, you have to file a petition for adoption and obtain permission from a family court.
　If a person adopts his/her lineal descendant or a lineal descendant of his/her spouse (excluding his/her deceased spouse), permission of a family court is not necessary.

I am taking care of a foster child who had been admitted to an infant home. I will take care of this child as my natural child. What should I do?

　A ruling of a family court is necessary with respect to the establishment of a special adoption.

I want to dissolve a family relationship with deceased adoptive parents (or adopted child). What should I do?

　It is necessary to obtain permission from a family court with respect to the dissolution of an adoptive relationship after the death of a party .

I want to settle difficulties in relationships with my spouse's parents and siblings in some way. Can I use conciliation?

　You may use conciliation regarding the adjustment of relationship with relatives.

I discussed who will take care of my aged parents with my relatives but could not make any arrangement. What should I do?

　You may use the procedure for claim for support.

After my father died, I found that my father had a lot of debt. Is there any good way to avoid receiving claims from obligees?

　You may file a statement on (petition for) the renunciation of an inheritance within three months from the time when you came to know of the commencement of the inheritance on your own behalf. If a statement on the renunciation of an inheritance is accepted, the person who made the statement is regarded as having not been an heir from the beginning. Therefore, he/she will not bear the obligations of the decedent.

I want to renounce an inheritance because I want my elder brother to inherit all estate of my deceased father. What should I do?

　It is necessary to file a statement on (petition for) the renunciation of an inheritance within three months from the time when you came to know of the commencement of the inheritance on your own behalf.

My deceased father had a lot of property but also had considerable liabilities. Therefore, I want to meet payment to the extent of the amount obtained by the inheritance. What should I do?

　A procedure called qualified acceptance is available. In order to use this procedure, it is necessary for all heirs to file a statement on (petition for) qualified acceptance within three months from the time when they came to know of the commencement of the inheritance on their own behalf.

I do not know whether the deceased has any heir. What should I do to liquidate his/her property?

　It is necessary to file a petition for the appointment of a liquidator of the inherited property with a family court and have the appointed liquidator of the inherited property conduct liquidation proceedings.

My deceased common-law husband had no heir. Can I inherit the house that is in the name of my deceased common-law husband?

　Property to which no heir exists is to come to belong to the national treasury (come to be owned by the State) in the end. However, upon petition, distribution of property to a person who has a special connection with a decedent is admitted in some cases.

My father died, but no arrangement can be made for the division of his estate. What should I do?

　You may use the procedure for the division of estate in a family court.

My parent died leaving a will to the effect that he/she will give all his/her property to his/her oldest son. Can't I as the second-oldest son obtain any estate?

　Even in such case, you may make a claim for your legally reserved portion with respect to a certain percentage of estate which you are legally guaranteed to acquire that is called legally reserved portion.

I discovered the holographic will of my deceased father. What should I do?

　It is necessary to open the will in a family court and conduct probate of the will. Please file a petition for the probate of the will promptly without opening the will by yourself.

I have a holographic will that has received probate, but I heard that appointment of an executor is necessary to realize the content of the will. What should I do?

　Please file a petition for the appointment of an executor.

I found that my husband had provided a notification of divorce by agreement without my permission. I have no intention to get a divorce. What should I do?

　You may use the procedure for the confirmation of the invalidation of divorce by agreement.

My wife gave birth to another man's child. What should I do to confirm that the child is not my child?

　You may conduct the procedure for rebutting the presumption of a child in wedlock.

When I tried to submit a notification of birth of my child born after divorce, the person in charge said that the child is to be entered in the family register as a child of my ex-husband. My child is actually not my ex-husband's child. What should I do?

　You may file a petition for conciliation for the confirmation of non-existence of a parent-child relationship against your ex-husband or a petition for conciliation for the acknowledgement of parentage against the child's natural father.

I want to change the surname of my child over whom I have parental authority after divorce and transfer my child's name from his/her father's family register to my family register. What should I do?

　It is necessary to file a petition for the change of the surname of a child.

When I got a divorce, I filed a notification of the continued use of the surname used during marriage. However, I am using the surname used before marriage in real life, and I want to change my surname from the one registered in my family register to the other used before marriage. What should I do?

　It is necessary to file a petition for the change of a surname.

I have been using an alias for years, and it is inconvenient for me to use my name registered in my family register in terms of social life. Therefore, I want to change my name registered in my family register to my alias. What should I do?

　It is necessary to file a petition for the change of a name.

I discovered an erroneous statement in my family register. What should I do?

　It is necessary to file a petition for the correction of a family register.

What is the adult guardianship system?

　The adult guardianship system is a system for protecting adults who do not have sufficient ability to make a judgment due to dementia, intellectual disabilities, or mental disabilities, etc. The system has the following types.

What is the "guardianship" system?

　The "guardianship" system is a system in which upon petition, a family court renders a "ruling for the commencement of guardianship" for a person who normally lacks the ability to make a judgment due to dementia, intellectual disabilities, or mental disabilities, etc. and appoints a guardian of an adult as a person who aids said person.
　A guardian of an adult may conclude a contract on behalf of a person who received a ruling for the commencement of guardianship or rescind a contract which such person has concluded. As a guardian has such broad authority, he/she must properly administer the entire property of a ward and give sufficient consideration to preventing the ward from facing difficulties in daily living.

What is the "curatorship" system?

　The curatorship system is a system in which upon petition, a family court renders a "ruling for the commencement of curatorship" for a person whose ability to make a judgment by him/herself is extremely insufficient due to dementia, intellectual disabilities, or mental disabilities, etc. and appoints a curator as a person who aids said person.
　A curator gives consideration to preventing a person who received a ruling for the commencement of curatorship from facing difficulties in daily living by giving consent to him/her when committing a certain important act or by rescinding an act which he/she has already committed without the consent of the curator. A curator may have the authority to conclude a contract on behalf of a person under curatorship based on a family court's ruling to grant the authority of representation to the curator with respect to certain matters which said person desired in advance.

What is the "assistance" system?

　The assistance system is a system in which upon petition, a family court renders a "ruling for the commencement of assistance" for a person whose ability to make a judgment by him/herself is insufficient due to dementia, intellectual disabilities, or mental disabilities, etc. and appoints an assistant as a person who aids said person.
　An assistant gives consideration to preventing a person who received a ruling for the commencement of assistance from facing difficulties in daily living by giving consent to him/her, rescinding his/her acts, and representing him/her with respect to certain matters which the person desires. Therefore, in the case of using the assistance system, it is necessary to file a petition for determining the scope of matters for which an assistant can give consent to the person under assistance or represent him/her in advance, together with a petition for a ruling for the commencement of assistance.

What is the "voluntary guardianship" system?

　The voluntary guardianship system is a system in which a person who has sufficient ability to make a judgment concludes a voluntary guardianship contract by means of a notarial instrument in advance in case his/her ability to make a judgment becomes insufficient in the future and a voluntarily appointed guardian aids that person based on the contract when the person's ability to make a judgment becomes insufficient. Please confirm the details of the voluntary guardianship system and the method of using it at a notary's office near you.
　Such contract comes into effect when a family court renders a "ruling of the appointment of a supervisor of a voluntarily appointed guardian."

If I use the adult guardianship system, am I to be restricted in any way?

　In the past, various laws have set provisions on the restriction of rights, for example, those to the effect that a person loses certain qualification or job or becomes unable to acquire a business license if he/she uses the guardianship or curatorship system.
　The aforementioned provisions on the restriction of rights were deleted by the "Act on Arrangement of Relevant Acts for Normalization, etc. of Measures Concerning Restriction of the Rights of Adult Wards, etc. (hereinafter referred to as the "Arrangement Act")," which was enacted on June 7, 2019, as well as the Act Partially Amending the Companies Act and the Act on Arrangement of Relevant Acts Incidental to Enforcement of the Act Partially Amending the Companies Act, both of which were enacted on December 4, 2019 (hereinafter collectively referred to as the “Act for Amendment of the Companies Act”). In the future, a determination will be made by individually and substantially examining a relevant person in terms of whether he/she has the ability that is necessary for each qualification, job, business license, etc.
　Please note that the date of enforcement of the Development Act differs as follows depending on the qualification, job, etc. The Act for Amendment of the Companies Act came into effect as of March 1, 2021.

Arrangement Act
· Date of enforcement: June 14, 2019
Associate care worker, foster parent for child care and foster parent under the adoption system, license for sale of liquor, etc.
· Date of enforcement: September 14, 2019
National public employee, Self-Defense Forces personnel, licensed strata management consultant, certified travel services manager, officer of a social welfare corporation, license for real estate brokerage, license for construction business, etc.
· Date of enforcement: December 1, 2019
First-class architect license, second-class architect license, etc.
· Date of enforcement: December 14, 2019
Doctor, certified care worker, teacher, attorney, certified administrative procedures legal specialist, security personnel, certified public tax accountant, local public employee, officer of an agricultural cooperative, registration of money lending business, license for secondhand articles dealer, etc.

Act for Amendment of the Companies Act
Date of enforcement: March 1, 2021
Director, auditor, executive officer, etc. of a stock company
Director, auditor, etc. of a general incorporated association or general incorporated foundation

Is a candidate for a guardian of an adult necessarily chosen as a guardian of an adult?

　A family court examines whether a candidate for a guardian of an adult, etc. stated in a written petition is qualified.
　As a result of examination, the stated candidate is not appointed in some cases. A person other than the stated candidate (a professional, such as an attorney, judicial scrivener, and certified social worker, or a corporation related to law or welfare, etc.) is sometimes appointed as a guardian of an adult depending on the content of support required by the ward.
　It is impossible to file an appeal against the choice of the person who is appointed as a guardian of an adult.
　In addition, the following persons cannot become a guardian of an adult:
(Grounds for disqualification)
(1) Minor
(2) Person who has been dismissed as a guardian of an adult, etc.
(3) Bankrupt who has yet to restore his/her rights
(4) Person who has filed an action against a ward or the spouse, parent or child of such person
(5) Missing person

When should I use the adult guardianship system?

　For example, you may use the system in the following cases.

[Guardianship]
· When it is necessary to conclude a nursing care contract or administer property on behalf of a person who has come to normally lack the ability to make a judgment due to senile dementia, you may file a petition for a ruling for the commencement of guardianship with a family court and ask the appointed guardian of an adult to conclude such contract or administer property.
· When it is necessary to demand the payment of insurance proceeds (compensation for loss or damage) on behalf of a person who has come to normally lack the ability to make a judgment due to a traffic accident, you may file a petition for a ruling for the commencement of guardianship with a family court and ask the appointed guardian of an adult to demand the payment as a representative of the person.

[Curatorship]
· When it is necessary to conclude a nursing care service contract for a person whose ability to make a judgment is extremely insufficient due to senile dementia to make it possible for him/her to receive appropriate nursing care, you may file a petition for a ruling for the commencement of curatorship, as well as a petition for a ruling to grant the authority to conclude a nursing care contract (authority of representation) on behalf of the person, with a family court and ask the appointed curator to take necessary procedures.

[Assistance]
· When you are afraid to conclude a contract, etc. by yourself, for example, because you were told by a doctor that your ability to make a judgment has declined due to dementia symptoms, you may file a petition for a ruling for the commencement of assistance with a family court and ask the appointed assistant to provide support. It is also necessary to file a petition for a ruling to grant the right to consent in order to make it possible for the appointed assistant to rescind a contract concluded based on an erroneous judgment, or a petition for a ruling to grant the authority of representation in order to ask the appointed assistant to conclude a contract, etc. on behalf of you, together with a petition for a ruling for the commencement of assistance, while specifying matters which you want the appointed assistant to do.

What should I do to use the adult guardianship system?

　In order to use the adult guardianship system, it is first necessary to file a petition for a ruling for the commencement of guardianship, curatorship or assistance with a family court. The main items that are required in filing a petition are as follows.
　In addition to them, it is necessary to prepare other materials as appropriate.

[Items necessary for filing a petition]
· Written petition
· Fee for filing a petition
· Registration fee
· Postage stamps
· Copy of a family register and resident record
· Certificate of registered information concerning adult guardianship
· Medical certificate, etc.

What is the flow of the procedure?

　The procedure is generally as follows.

[Guide for the procedure]
○ Explanation is given about the flow of the procedure for the commencement of guardianship, etc. and documents, etc. necessary for filing a petition.

[Petition]
○ It is necessary to file a petition with a family court having jurisdiction over a person subject to the adult guardianship system. The main documents and expenses necessary for filing a petition are as follows.
· Written petition
· Medical certificate
· Fee for filing a petition
· Registration fee
· Postage stamps
· Copy of a family register of the person subject to the adult guardianship system
Please confirm the details with a list, etc. available at a family court.

[Hearing, examination, expert examination, etc.]
○ After a petition is filed, a court official asks a petitioner, candidate for a guardian, and a person subject to the adult guardianship system about circumstances or inquires to the relatives of a person subject to the adult guardianship system about a candidate for a guardian in some cases. In addition, in some cases, a judge asks about circumstances (hearing) as needed.
○ An expert examination is sometimes conducted with regard to the ability to make a judgment of a person subject to the adult guardianship system.

[Ruling (commencement of guardianship, etc. and appointment of a guardian of an adult, etc.)]
○ A family court appoints the person who seems to be the most appropriate as a guardian of an adult, etc. at the same time as rendering a ruling for the commencement of guardianship, etc. According to the circumstances, a family court sometimes appoints a third party, such as an attorney, judicial scrivener, and certified social worker, as a guardian of an adult, etc.
○ Remuneration for a guardian of an adult, etc. is to be determined by a family court in consideration of the content of his/her tasks.

What procedure is expert examination?

　Expert examination is a procedure for medically determining the level of the ability to make a judgment of a person subject to the adult guardianship system. Separately from a medical certificate submitted at the time of filing a petition, expert examination is conducted upon a family court's request for expert examination to a doctor. Such expert examination procedure is provided as, in principle, necessary for a ruling for the commencement of guardianship and commencement of curatorship.
　Expert examination requires a fee separately from a fee for filing a petition. Fee for expert examination is determined according to the intent of a doctor who undertakes expert examination and labor, etc. required for expert examination. However, fee for expert examination is not more than 100,000 yen in most cases.

Is it possible to withdraw a petition?

　Permission of a family court is necessary for withdrawing a petition.
　Probably, it is, in principle, not permitted to withdraw a petition on the grounds of dissatisfaction with the appointment of a guardian of an adult, in consideration of the interest of a person subject to guardianship.

What is the role of a guardian of an adult?

　The role of a guardian of an adult is to commit necessary acts of agency in respect of the wishes of the adult ward and in consideration of the mental and physical conditions and living conditions of the adult ward and to appropriately administer the property of the adult ward.
　Specifically, the major tasks of a guardian of an adult are (1) to conclude a service contract concerning medical care, nursing care, welfare, etc. on behalf of the adult ward and (2) to transfer deposits and savings into and from the accounts of the adult ward and administer the real property of the adult ward.

I want to dispose of (sell, lease, cancellation of lease, establishment of a mortgage, etc.) real property used for residence of a ward. What should I do?

　Real property used for residence means a building or its site for which a ward holds ownership for residence or the right to lease, etc.
　Such real property includes not only real property that is now being used by a ward as residence but also real property in which a ward will reside in the future.
　A change in the residential environment of a ward suffering from mental disabilities will cause a serious impact on his/her mind and body and living.
　Therefore, for these kinds of disposition, it is necessary to obtain prior permission of a family court to ensure especially careful handling.
　Consequently, in the case of disposing of real property used for residence of a ward, his/her guardian of an adult is required to file a petition for permission for the disposition of the real property used for residence.

In the case where an act for which the interests of a ward and his/her guardian of an adult conflict with each other is committed, what should be done?

　A guardian of an adult is granted the comprehensive authority of representation regarding property-related acts in order to administer the property of a relevant adult ward.
　However, in the case of an act for which the interests of a guardian of an adult and the adult ward conflict with each other, the guardian of an adult cannot be expected to exercise the authority of representation in a fair manner. Therefore, in order to protect the interest of the ward, a special agent appointed by a family court is to exercise the authority of representation only with respect to such act.
　For example, division of estate in the case where a guardian of an adult and the ward are coheirs or establishment of a mortgage on the real property of a ward in order to secure the obligation of his/her guardian of an adult fall under an act for which the interests of a guardian of an adult and the adult ward conflict with each other. Therefore, appointment of a special agent is necessary in such cases.

Doesn't a guardian of an adult receive any remuneration?

　A guardian of an adult may receive remuneration from the property of the adult ward according to the content of affairs he/she conducts.
　In that case, please file a petition for a ruling to grant remuneration with a family court by submitting a report on the affairs of guardianship, inventory of assets, copies of passbooks, etc. with 800 yen as a fee for filing the petition.
　The amount of remuneration is to be determined by a judge at his/her discretion according to the actual circumstances of the individual case and in comprehensive consideration of the content of the affairs of guardianship conducted during the subject period and the content of the property of the ward administered by the guardian, etc. However, some family courts formulate and make public a guide for the standard amount of remuneration.

If it becomes difficult for a guardian of an adult to work as a guardian of an adult due to his/her age or illness, what should he/she do?

　A guardian of an adult may resign with permission of a family court "if there is a justifiable ground."
　The question is what cases fall under a "justifiable ground." It seems that the fact that it has become difficult for a guardian of an adult to work as a guardian of an adult due to his/her age or illness is often recognized as falling under a "justifiable ground."
　In such case, please file a petition for permission for resignation after consulting with a court.
　If you are permitted to resign as a guardian of an adult, please promptly settle the account for administration and hand over the property of the ward to the substitute guardian of the adult.

In what cases is a guardian of an adult held liable as a guardian of an adult?

　If there is an unlawful act, grave misconduct, or other cause not befitting the office of guardianship on the part of a guardian of an adult, a family court may render a ruling of the dismissal of a guardian of an adult in some cases.
　In addition, if a guardian of an adult causes loss or damage to a relevant ward due to his/her unlawful act, he/she must compensate the loss or damage and may be charged with criminal liability for the crime of the breach of duty of loyalty, crime of embezzlement in the pursuit of social activities, etc. in some cases.
　Even if a guardian of an adult is in a parent-child relationship with a relevant ward, he/she is not exempted from criminal punishment, and such relationship does not fall under circumstances that should be taken into consideration in sentencing.

Is there anything that a guardian of an adult must do when a relevant ward died?

　As a guardianship case is terminated upon the death of a relevant ward, the guardian of an adult is required to make a report to a family court by attaching a copy of a death certificate or a copy of a family register or removed family register and also file an application for the registration of termination of guardianship with the Legal Affairs Bureau.
　In addition, please note that a guardian of an adult is required to conduct the following affairs to the extent necessary even if a relevant ward dies.
(1) A guardian of an adult must settle the account for administration within two months from the termination of his/her duties after the death of a relevant ward.
　If existence of an heir is not clear, a guardian of an adult may file a petition for the appointment of a liquidator or an administrator of inherited property and then report this settlement of the account for administration to the appointed liquidator or administrator of inherited property.
(2) If a guardian of a ward is required by a family court to report the termination of the affairs of guardianship, separately from the obligation to settle the account in relation to an heir, he/she must make a report of the fact that he/she has handed over the administration of property to an heir and a report on the settlement of the account for administration that he/she made to the heir to the family court.

Is there anything to which a guardian of an adult should pay attention in handling the social security and tax number of an adult ward?

1. Concerning the handling of a social security and tax number
　A social security and tax number is important personal information, and its handling is strictly provided for in the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Number Act). A guardian of an adult him/herself must appropriately determine whether to get, keep, and provide the social security and tax number of an adult ward in light of the state of the adult ward and the necessity of the social security and tax number in relevant procedures.
　In addition, the range of use of a social security and tax number is provided in a limited way in the Number Act. If a guardian of an adult acquires the social security and tax number of an adult ward, he/she is required to appropriately administer it while paying attention not to commit any act that conflicts with the Number Act.

2. Concerning documents submitted to a family court
　A social security and tax number is ordinarily not required for any guardianship-related procedures conducted in a family court. If a guardian of an adult acquires a document stating the social security and tax number of an adult ward, he/she must pay attention not to unthinkingly submit the document to a family court. In addition, if a guardian of an adult unavoidably submits to a family court a document to which a supplementary note giving the social security and tax number of an adult ward is appended as a material for a report on the affairs of guardianship, please pay attention to ensure that the social security and tax number itself is not provided to the family court, for example, by blackening the part stating the social security and tax number.

*The above also applies to a curator, assistant, voluntarily appointed guardian, and guardian of a minor.

What is the guardianship support trust system?

　The guardianship support trust system refers to a mechanism in which, out of the property of a ward, his/her guardian administers money that is necessary and sufficient for everyday payments as deposits and savings, etc. and money that is not ordinarily used is entrusted to a trust bank, etc. (this mechanism is available to both guardianship of an adult and that of a minor; but it is not available to curatorship, assistance, and voluntary guardianship). This is one of the methods for appropriately protecting the property of a ward.
　For trust property, its principal is guaranteed and is also protected under the deposit insurance system. In the case of using the guardianship support trust system, a written instruction issued by a family court in advance is necessary for receiving the refund of trust property and cancelling a trust agreement.

What is the flow of the procedures in the case of using the guardianship support trust system?

　A professional guardian, such as an attorney and judicial scrivener, in principle, determines a trust bank, etc. to which property is entrusted and the amount of trust property, etc. on behalf of a ward, and then concludes a trust agreement with the trust bank, etc. upon instruction of a family court.

What costs are required for using the guardianship support trust system?

　In the case of using the guardianship support trust system, remuneration for a professional guardian engaging in the conclusion of a trust agreement and that for a trust bank, etc. are ordinarily necessary.
　A family court determines remuneration for a professional guardian in consideration of various circumstances, such as the content of the tasks conducted by the professional guardian and the asset situation of the ward.
　Remuneration for a trust bank, etc. differs depending on the trust product and the amount of trust property. Therefore, please contact a relevant trust bank, etc.

In the case of using the guardianship support trust system, what is to become of everyday administration of property by a guardian?

　As trust property is administered by a trust bank, etc., a guardian administers money that is necessary on a daily basis, such as receipt of pension and payment of service charges for moving into a facility, etc. If the amount of expenditure for a ward is expected to become larger than the amount of the ward's income, it is possible to ensure that the necessary amount of money is transferred from trust property on a regular basis.

What should a guardian do if it becomes necessary for a ward to spend a lot of money after conclusion of a trust agreement and money that the guardian administers at hand is not enough?

　Please submit a report stating the necessary amount of money and reasons therefor to a family court with support documents.
　The family court issues a written instruction if it determines that there is no problem in the content of the report. So, please submit the written instruction to a trust bank, etc. and receive the refund of the necessary money from trust property.
　In addition, it is also necessary to receive the issuance of a written instruction from a family court by submitting a report thereto if a guardian wants to change the amount of money that is transferred from trust property on a regular basis due to a change in the status of income and expenditure of the ward or if it becomes necessary to cancel a trust agreement for certain reasons.

What should a guardian do if the amount of money the guardian administers becomes large owing to the ward's ad hoc income or the accumulation of surplus after conclusion of a trust agreement?

　For money that is not ordinarily used, please submit a report on the additional trust to a family court with support documents.
　The family court issues a written instruction if it determines that there is no problem in the content of the report. Therefore, please submit the written instruction to a trust bank, etc. and additionally entrust money.
　If a guardian does not voluntarily submit a report during the period when the amount of money that the guardian administers is expected to become large owing to the accumulation of surplus, a family court may require the guardian to additionally entrust money in some cases.

What is to become of the supervision of a guardian by a family court in the case of using the guardianship support trust system?

　Even in the case of using the guardianship support trust system, a family court also conducts the necessary supervision of a guardian according to the case.
　Please keep income and expenditure in books and hold receipts and reports sent from a trust bank, etc. and also record the mental and physical conditions and living conditions of the ward on a regular basis so that you can respond to a family court's request for the submission of a report at any time.

If a person is dissatisfied with the use of the guardianship support trust system, is it possible to file an appeal against the use?

　The use of the guardianship support trust system is based on the instruction of a judge under the Rules of Domestic Relations Case Procedure. Therefore, it is impossible to file an appeal against the instruction.

What is the supervision of a guardian?

　A guardian is a person appointed by a family court, and his/her status can be considered as having some sort of public aspect. Therefore, a guardian is granted the broad authority of representation and right of administration of property.
　However, as a risk of abuse is always inherent in such broad authority, it is necessary to take measures for monitoring whether the authority is properly exercised and rectifying the exercise if there is any problem therein.
　The supervision of a guardian is a collective term used to refer to the monitoring and supervisory effects of family courts that appoint such guardians on appointed guardians.

What are the methods of monitoring and supervision by a family court?

　Monitoring and supervision by a family court are basically conducted by having a guardian submit a report on the affairs of guardianship and the inventory of assets on a timely basis and checking them.
　However, if a family court recognizes that there is or may be a problem in the affairs of guardianship in the course of checking, it commissions examination to a financial institution and has a family court investigating officer examine facts, and thereby considers the existence or absence of a problem and response thereto, etc. and also orders dispositions necessary for the administration of property and other affairs of guardianship. In addition, in some cases, a family court immediately takes measures for the additional appointment of a professional guardian and the division of authority without going through examination by a family court investigating officer, etc. and conducts the preservation of property and examination of the affairs of guardianship, and dismisses the guardian.
　Furthermore, for an unlawful act of a guardian, a family court sometimes files a criminal accusation against it as an act that conflicts with penal law on embezzlement, breach of duty of loyalty, etc.

In what cases does a family court appoint a supervisor of a guardian of an adult by its authority?

　A family court conducts the supervision of a guardian of an adult, but the court sometimes has a supervisor of a guardian of an adult it appoints supervise a guardian of an adult as needed.
　Recently, unlawful acts committed by the guardians of adults have become a social problem, and more family courts have come to appoint a supervisor of a guardian of an adult in the cases where the amount of property of a ward is in a certain amount or more and the guardianship support trust system is not used, with the aim of achieving more appropriate supervision of a guardian by a family court.

Is it possible to file an appeal against the appointment of a supervisor of a guardian of an adult?

　Whether to appoint a supervisor of a guardian of an adult is a matter left solely to a family court.
　Therefore, it is impossible to file an appeal against the appointment of a supervisor of a guardian of an adult.

Is it possible to have a postal item addressed to a ward forwarded to the address of his/her guardian of an adult?

　If such forwarding is necessary for a guardian of an adult in conducting the affairs of guardianship, it is possible to have a postal item, etc. addressed to the ward forwarded to the address or the location of the office (in the case of a professional guardian) of his/her guardian of an adult after obtaining a ruling of a family court upon petition of the guardian of an adult (this petition is available only to a guardian of an adult, and a curator, assistant, voluntarily appointed guardian, and guardian of a minor cannot file such petition).
　Therefore, when filing a petition for the forwarding of a postal item, etc. addressed to a ward, it is necessary to state a specific reason, for which forwarding of the postal item, etc. is necessary in conducting the affairs of guardianship, in a written petition.
　Law provides that the period of forwarding does not exceed six months.

If a ward dies, what affairs can his/her guardian of an adult conduct?

　If a ward dies, guardianship of an adult for him/her is naturally terminated, and his/her guardian of an adult becomes unable to exercise the authority of a guardian of an adult, except in the cases where there is an urgent reason. However, if it is necessary, the guardian of an adult may repair a building that has been owned by the ward (act of preservation of specific property) and pay medical expenses, etc. of the ward of which payment is demanded (performance of obligation for which due date of performance has arrived) until a heir of the ward becomes able to administer inherited property, except in the cases where it is obvious that such act goes against the wishes of the heir (however, this is limited to a guardian of an adult and a curator, assistant, voluntarily appointed guardian, and guardian of a minor cannot do so).
　However, it is possible to carry out the conclusion of a contract on the cremation or burial of the corpse of a ward and other acts necessary for the preservation of inherited property with permission of a family court (a petition for such permission is available only to a guardian of an adult and a curator, assistant, voluntarily appointed guardian, and guardian of a minor cannot file such petition).

　Possible acts subject to permission of a family court are as follows.
(1) Conclusion of a contract on the cremation or burial of the corpse of a ward (excluding a contract on funeral)
(2) Receipt of the refund of deposits and savings that are in the name of a ward for the purpose of performance of obligations
(3) Conclusion of a contract on the bailment of movables, etc. which a ward had left at a facility to which the ward had been admitted, etc.
(4) Cancellation of an electricity, gas or water supply contract, etc.

*A guardian of an adult is not legally permitted to hold a funeral of a ward as part of the affairs of guardianship.

I cannot hold deliberations on the division of estate because the whereabouts of an heir are unknown. What should I do?

　You may divide estate by filing a petition for the appointment of an administrator of the property of an absentee and having the appointed administrator of the property of an absentee participate in deliberations on the division of estate on behalf of the absentee.

I cannot submit a notification of death because the whereabouts of a person are unknown and the fact of death cannot be proven. What should I do?

　You may file a petition for a ruling of adjudication of a disappearance.