Part Ⅳ Family
CHAPTER IV Guardianship
Section 2 Guardianship and Assistantship over Adults
A person who has become subject to the order of commencement of guardianship shall be appointed to a guardian.
When ordering commencement of guardianship, the court shall elect one or more guardians among spouse, any relative within the fourth degree of kinship, relative resides together in recent year, competent authority, organization of social welfare or other proper person; and the court shall also appoint persons for drawing up an inventory of the ward’s property.
When selecting guardians based on preceding paragraph, the court may ask competent authority or organization of social welfare provide visiting report and suggestion. Applicants of guardianship or interested persons may also provide the court related information or evidence.
When electing guardians, for the best interest of the ward, the court shall first take the ward’s opinion and every other things into consideration; the following things shall be paid attention to
(1) the ward’s physical and spiritual health, his/her life and finance.
(2) relations between the ward and his/her spouse, children, and others living in the same household.
(3) occupation, experience, opinion of the guardian and relations between the guardian and the ward.
(4) when a juristic person is the guardian, the category and content of its business; and relations between the juristic person and its representative and the ward.
Juristic person or organization who provides care services to the ward, or the representative of, responsible person of, or any person who has a contract of hire of services, mandate or other similar relations with the juristic person or organization, shall not be the guardian of the ward. The spouse, any relative by blood within the fourth degree of kinship, and any relative within the second degree of kinship of the ward are not subject to the above restriction.
When enforcing guardianship relating the ward’s life, treatment, and financial management, the guardian shall respect the ward’s intent.
When selecting several persons as guardians, the court may designate guardians enforce their rights jointly or separately.
The court may revoke or change designation when guardians, the ward, applicants under paragraph 1 of Article 14 apply for a change.
The court shall inform the Household Administration Bureau for registration when ordering the commencement of guardianship, revoking guardianship, selecting guardians, allowing guardians’ dismiss, and re-electing or changing guardians.
Unless otherwise provided by the provisions of this Section, the provisions concerning the guardianship over minors shall apply mutatis mutandis to the guardianship over adults.
An assistant shall be appointed to a person who has become subject to the order of commencement of assistance.
Assistant and his/her related duties shall apply mutatis mutandis to Articles 1095, 1096, 1098(2), 1100, 1102, 1103(2), 1104, 1106, 1106-1, 1109, 1111, 1111-1, 1111-2, 1112-1, and 1112-2.