PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER X MATTERS CONCERNING DECLARATION OF COMMENCEMENT OF GUARDIANSHIP
Article 164
With regard to the following matters concerning declaration of commencement of guardianship, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is or should be subject to the declaration of commencement of guardianship:
1. matters concerning motion for a declaration of commencement of guardianship;
2. matters concerning designating, revoking, or amending the ambits of functions of the guardian;
3. matters concerning re-designation or changing of a guardian;
4. matters concerning reporting or submission by the guardian;
5. matters concerning resignation of a guardian;
6. matters concerning exercise of rights by the guardian;
7. matters concerning the determination of the remuneration of a guardian;
8. matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship;
9. matters concerning the authorization of an action taken by the guardian;
10. matters concerning claims for damages arising from the exercise of guardianship;
11. matters concerning motion for annulment of guardianship;
12. matters concerning converting a declaration of commencement of assistance into a declaration of commencement of guardianship;
13. other matters concerning the declaration of commencement of guardianship.
Where the court finds matters provided in the preceding paragraph meritorious, the proceedings fees shall be borne by the person subject to the declaration of commencement of guardianship.
Apart from under the circumstances provided in the preceding paragraph, the proceedings fees shall be borne by the applicant who initiated the proceedings.
Article 165
With regard to matters concerning motion for a declaration of commencement of guardianship or concerning the annulment of guardianship, the person who is or should be subject to the declaration of commencement of guardianship shall have the capacity to represent oneself in the proceedings. However, where the said person does not have disposing capacity, the court shall, on its own initiative, designate a guardian ad litem to act in the proceeding.
Article 166
Where the applicant motions for a declaration of commencement of guardianship, it is advisable that the application is accompanied by a certificate of medical diagnosis.
Article 167
Where the court shall examines the person who should be subject to the declaration of commencement of guardianship in the presence of an expert witness. Nonetheless, the foregoing shall not apply where it is manifestly difficult to so conduct the examination or doing so is harmful to the health of the said person.
A declaration of commencement of guardianship may not be made unless opinions from an expert witness been consulted on the psychiatric and mental state of the person who should be subject to the said declaration. An expert testimony shall be made with the participation of a psychiatric specialist or a medical doctor who is experienced with psychiatric treatment.
Article 168
Upon making a ruling pronouncing a declaration of commencement of guardianship, the court shall, stating the reasons, designate a guardian and appoint a person who shall provide consultation and assistance to draw up an inventory of property together with the designated guardian.
Prior to making the designation and appointed in accordance with the preceding paragraph, the court shall consult the person who might be so designated or appointed.
A court ruling made in accordance with Paragraph 1 of this Article shall be served upon the applicant, the person who is subject to a declaration of commencement of guardianship, the court-designated guardian, and the court-appointed person who shall assist in drawing up an inventory of property; the foregoing shall apply to the guardian ad litem and the special agent where such a person is designated for the person who is subject to a declaration of commencement of guardianship.
Article 169
A court ruling pronouncing a declaration of commencement of guardianship shall take effect upon the service of the ruling on or being notified in open court to the guardian who is designated by the court.
After the time at which a ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.
Article 170
The acts performed by the guardian shall remain valid until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
The acts performed by the person who is subject to a declaration of commencement of guardianship may not be claimed to be invalid on ground of the pronouncement of the said declaration, until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
After the ruling vacating a declaration of commencement of guardianship becomes final and binding, the court of first instance shall publish the summary of the said ruling.
Article 171
Where a person who is to be subject to a declaration of commencement of guardianship dies during the proceedings of the said declaration, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.
Article 172
A court ruling on annulment of a declaration of commencement of guardianship shall take effect upon its becoming final vis-a-vis the applicant, the person who is subject to the said declaration, and the guardian.
Provisions in Articles 166 to 168 and Article 170, Paragraph 3 of this Act shall apply, mutatis mutandis, to matters concerning the annulment of guardianship.
Article 173
With regard to motions for annulment of guardianship, where the court, despite considering the causes for subjecting the person concerned to guardianship cease to exist, nonetheless considers that it is still necessary to facilitate assistance to the said person, it may, upon motion by the parties or on its own initiative, make a ruling converting a declaration of commencement of guardianship into a declaration of commencement of assistance.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.
Article 174
With regard to motions for a declaration of commencement of guardianship, where the court, despite considering the circumstances do not meet the statutory requirements for subjecting the person concerned to guardianship, nonetheless considers that there exists a cause for subjecting the said person to assistance, it may, upon motion by the parties or on its own initiative, make a ruling pronouncing a declaration of commencement of assistance.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the applicant and the person who is to be subject to the declaration of commencement of assistance.
The court ruling made in accordance with Paragraph 1 of this Article shall cease to be effective upon the entry into effect of the declaration of commencement of guardianship.
Article 175
Where a court considers it necessary to subject the person already subject to a declaration of commencement of assistance to a declaration of commencement of guardianship, it may, upon motion by the parties or on its own initiative, make a ruling converting the original declaration into a declaration of commencement of guardianship.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.
Article 176
Provisions in Articles 106 to 108 of this Act shall apply, mutatis mutandis, to matters concerning motion for a declaration of commencement of guardianship, concerning the annulment of guardianship, concerning converting a declaration of commencement of assistance, and concerning re-designation or changing of a guardian.
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters concerning resignation of a guardian.
Provisions in Article 112 of this Act shall apply, mutatis mutandis, to matters concerning the determination of the remuneration of a guardian.
Provisions in Articles 111 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship.
Provisions in Article 121 of this Act shall apply, mutatis mutandis, to matters concerning claims for damages arising from the exercise of guardianship.