Japan Enacts Bill Overhauling Guardianship System

Japan's parliament has enacted a bill to revise the Civil Code, overhauling the country's adult guardianship system for individuals with dementia and others. The House of Councillors approved the bill, which consolidates the current three types of guardianship into a single category of assistant, allowing for tailored support based on individual needs. The revision also introduces digital wills, enabling testators to create wills on computers and smartphones, with data stored at the Justice Ministry's regional legal affairs bureaus. The new system is set to start within two years and six months, with the digital wills system commencing within three years.

Key Changes in the Guardianship System

The revised system allows individuals to opt out of support under the adult guardianship system based on their needs, a significant shift from the current requirement of restoring decision-making capabilities to terminate such support. By consolidating the three existing types of guardianship into a single assistant category, the law enables the setting of assistants' powers on a case-by-case basis, such as support related to inheritance and real estate sales.

Introduction of Digital Wills

Another major item in the bill is the creation of digital wills, which can be created on computers and smartphones. The data will be stored at the Justice Ministry's regional legal affairs bureaus. Testators are required to read aloud the full text to bureau staff in person or through online meetings to ensure that wills are not forged or created under duress.

Implementation Timeline

The new adult guardianship system is set to start within two years and six months, and the digital wills system within three years. These changes aim to provide more flexible and accessible legal support for individuals requiring guardianship and to modernize the process of will creation in Japan.