Understanding the "adult guardianship" system: preparing legal support for older adults
Japanese law encourages municipalities to train "guardians" who can help older adults handle legal affairs, and to recommend them to the family court. This practice reminds us: when older adults find it difficult to make decisions independently due to cognitive or health reasons, legal support arrangements need to be considered in advance. Drawing on Japanese experience, this article provides reference suggestions for family members and community organisations.
Machine translation of our Chinese article, without human translation review. Suggestions concerning China remain specific to China.
Automatically reviewed, without human verification. Programmatic checks are not professional review. Seek professional advice where appropriate. Automatically reviewed on 10/4/2026, 7:14:25 AM
Chinese fact summaries and suggestions for China (not a full translation)
Original: 市民後見関連情報 ｜厚生労働省 · Original language: ja
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Facts from the sources
Japan's Elderly Welfare Act stipulates that municipalities shall make efforts to take necessary measures to train and utilise human resources who can appropriately handle guardianship, curatorship, and assistance affairs. View source
The measures for municipalities listed in Japanese law include: conducting training, recommending persons who can appropriately handle guardianship and other affairs to the family court, and taking other necessary measures. View source
Japan's prefectures should make efforts to provide advice and other assistance to municipalities in implementing the above measures. View source
On the website of Japan's Ministry of Health, Labour and Welfare, there is a liaison document titled "Basic Curriculum for Citizen Guardian Training", dated April 26, Reiwa 5. View source
For older people and families
If an older adult's judgment declines, they may be unable to handle banking, medical, pension, and other procedures alone; family members should seek advice early.
You can go to the local notary public office, court, or legal aid centre to ask how adult guardianship (kōken) is handled.
Do not sign important documents on behalf of the older adult yourself; first clarify legal authorisation to avoid future problems.
Keep the older adult's ID card, household registration booklet, medical records, and other materials safe so they can be used when handling legal procedures.
Discuss more with the older adult, respect their wishes, and choose the person they trust most as guardian.
If the community offers legal lectures, take the older adult along to learn what rights they have.
Family members should decide in advance who will take primary responsibility; don't wait until an emergency leaves you flustered.
If you encounter difficulties, you can call the 12348 legal aid hotline and ask a professional lawyer.
See what care and community teams can do
Community organisations and elderly care institutions can organise legal knowledge lectures to introduce local regulations on the adult guardianship system to family members.
Institutions with the capacity can contact the justice bureau or court to learn about the local procedures for appointing and training guardians.
Cultivating "citizen guardians" requires relying on local legal resources and professionals; foreign practices cannot be copied wholesale.
It is recommended to establish a list of community legal volunteers, but volunteers must undergo formal training and assessment before taking up their posts.
When helping older adults with guardianship matters, it is necessary to verify whether the older adult has civil capacity, with assessment by a professional institution.
Institutions should include legal support as one of their services, but must cooperate with professional law firms or notary offices and clearly define the boundaries of responsibility.
For high-risk older adults such as those living alone or with disabilities, communities can keep records and remind family members to make legal arrangements as early as possible.
Pay attention to policy developments from local civil affairs and ageing departments; when new pilot projects appear, proactively learn about the conditions for participation.
What needs local assessment
The Japanese system mentioned in this article is an "obligation to make efforts" under Japanese law; it is not a mandatory measure, nor does it mean that it has been universally achieved in Japan. Mainland China currently has no fully corresponding "citizen guardian" system; the relevant content is for reference only. For specific matters such as adult guardianship, property management, or medical decisions, please follow the current regulations of local notarial institutions, courts, and civil affairs departments, and consult licensed lawyers. Whether an older adult has the corresponding civil capacity must be assessed by a professional medical institution or judicial appraisal institution; family members and organisations must not judge on their own. Source: Japan's Ministry of Health, Labour and Welfare (see original link). This site has compiled and translated this content based on the original facts; it is not a translation produced, approved, or released by the Ministry of Health, Labour and Welfare; the Japanese system is not equivalent to the Chinese system.
Sources
Japan's Ministry of Health, Labour and WelfareWas this article helpful?
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