2026년 일본의 성년후견 개정요강의 검토 = A Review of the 2026 Draft Outline for the Reform of Adult Guardianship in Japan

다국어 초록 (Multilingual Abstract)

In Japan, the Second Basic Plan for the Promotion of the Use of the Adult Guardianship System (2022) identified the reform of the adult guardianship system as one of its key policy objectives. In the same year, the Committee on the Rights of Persons with Disabilities recommended that Japan transform its adult guardianship system into a system based on supported decision-making. Against this background, the Ministry of Justice established a Study Group on the Desirable Form of Adult Guardianship, which submitted a report. Based on this report, in 2024 the Legislative Council of the Ministry of Justice established a Subcommittee on Adult Guardianship to begin full-scale discussions on amendments to the Civil Code and related laws aimed at reforming the adult guardianship system.
As a result of these efforts, in January 2026 a Draft Outline of the Reform of the Adult Guardianship System was published. The draft seeks to achieve a balance between respect for the autonomy of the person concerned and the need for protection by individualizing protective measures. To this end, the proposal aims to unify the existing guardianship categories around the assistance-type model while allowing protective measures to be tailored to individual circumstances. In addition, for exceptional situations where the person lacks the ability to understand matters, the draft introduces the possibility of appointing a special assistant in order to enable comprehensive protective measures. At the same time, the person’s consent is required as a condition for initiating assistance, and—based on such consent—powers of consent, revocation, and representation may be granted in accordance with the individual’s circumstances.
Furthermore, assistants are placed under a duty to ascertain and respect the wishes and intentions of the person concerned, thereby strengthening the principle of respect for the individual’s will. With regard to voluntary guardianship, the proposal allows cases in which a supervisor is not appointed, permits the designation of a substitute voluntary guardian, and recognizes the possibility of coexistence with statutory guardianship.
Nevertheless, certain issues remain unresolved. By granting assistants the power to revoke legal acts, the proposal raises concerns about potential tension with Article 12 of the Convention on the Rights of Persons with Disabilities. In addition, the draft does not clearly regulate the standards for assessing the person’s capacity to consent, nor does it clarify the limits of respecting the person’s wishes when exercising powers of representation. It is also regrettable that the reform does not address the long-standing issue in Japanese society concerning decision-making relating to personal welfare.