[MLHW] Towards the Next Basic Plan for Promoting the Use of the Adult Guardianship System ? Interim Review Published

On 4 August 2021, the Ministry of Health, Labour and Welfare (MHLW) published the interim review of The Next Basic Plan for Promoting the Use of the Adult Guardianship System. The report was compiled by the Expert Committee for Promoting the Use of the Adult Guardianship System.

In accordance with Article 13, Paragraph 2 of the Act for Promoting the Use of the Adult Guardianship System (Act No. 29 of 2016), the Expert Committee was established on 21 June 2018 and has ascertained and evaluated the progress of the measures in the Basic Plan and considered the necessary steps for the comprehensive and systematic promotion of the use of the Adult Guardianship System. Accordingly, on 17 March 2020, the Expert Committee published the Report on the Interim Review of the Basic Plan for Promoting the Use of the Adult Guardianship System.

The Minister of Justice, the Minister of Health, Labour and Welfare, and the Minister of Internal Affairs and Communications requested opinions on matters that should be included in the next Basic Plan on 25 March 2021. In response, the MHLW has set up three working groups, which have currently examined the matter. Namely, the Working Group for Regional Collaboration Networks, the Working Group for Strengthening Cooperation between Sectors of Welfare, Administration and the Judiciary, and the Working Group for Improving the Operation of the Adult Guardianship System.

The composition of the interim summary is as follows.

Preamble

  • Background to the interim review
  • The basic idea behind the interim review

I．Building a regional cooperation network to advocate for rights and strengthen its sustainable functioning

1. Basic policy on a regional cooperation network to advocate for rights and strengthen its sustainable functioning

(1) Basic Policy

  • Promoting the development of a system of core institutions by strengthening the functions of prefectures
  • Strengthening the function of support for rights advocacy by various entities
  • Strengthening the coordination and cooperation among parties involved in regional cooperation networks
  1. The basic idea of building a regional cooperation network
  2. Principal actors in building a regional cooperation network
  3. The role of municipalities

2. Promotion of the development of a core institution system by strengthening prefectures' function

  1. The primary role of prefectures
  2. Strengthening the prefectures' function in supporting the development of municipal systems
  3. Specific support to municipalities and prefectures' own initiatives
  • Continuous training
  • Identifying the actual situation through the cooperation mechanism at the prefectural level
  • Information provision and consultation to municipalities, etc.
  • Implementation of support and coordination according to the challenges of municipalities
  • Implementation of the prefectures' own initiatives

3. Strengthening the function of support for rights advocacy by various actors

  1. Strengthening the functions of mutual aid, welfare, and judicial support for rights advocacy
  2. Securing and training of players
  • Fostering and supporting the activities of citizen guardians
  • Fostering corporate guardians
  • Securing and fostering professional guardians
  1. Promotion of cooperation between the adult guardianship system and the support services for self-reliance in daily life, etc. and strengthening of the implementation system of these services

4. Strengthening the cooperation and collaboration of those involved in the regional cooperation network

  1. Strengthening the function of the regional cooperation network by enhancing the coordination function of the core institutions
  • Basic policy for strengthening functions
  • Strengthening the functions of publicity and consultation
  • Strengthen the functions of coordination of assignees and support for guardians
  • Consideration of further strengthening the functions of the regional cooperation network
  1. Promotion of cooperation among relevant organizations to further strengthen the functions of the regional cooperation network
  2. Responses by municipalities to support the recovery of infringed rights
  • Appropriate implementation of the petition for the mayor of the municipality
  • Proper implementation of adult guardianship petitions by the mayor of the municipality
  1. Role of the family court and initiatives for cooperation
  2. Roles of professional organizations and initiatives for cooperation
  3. Building a new system of coordination and cooperation

II Improvement of the operation of the adult guardianship system for the person concerned

1. Supported decision making according to the characteristics of the elderly and persons with disabilities and its penetration

  1. Penetration of supported decision-making in promoting the use of the adult guardianship system
  2. Penetration of supported decision-making support in various fields

2. Promotion of appropriate appointment and replacement of guardians, etc.

3. Promotion of the use of voluntary guardianship, assistance, and curatorship, etc.

  1. Promotion of the use of voluntary guardianship, assistance, and conservatorship
  2. Efforts to ensure the proper operation of the voluntary guardianship system in line with its purpose

For more information, please visit the website below（Japanese only）. https://www.mhlw.go.jp/stf/shingi2/0000212875.html

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