The “Basic Plan to Promote the Use of the Adult Guardianship System” was formulated based on the Act Promoting the Use of the Adult Guardianship System (a legislation by Diet Members), which was enacted in April 2016. The Cabinet approved the First Phase Basic Plan Promoting the Use of the Adult Guardianship System in March 2017 (for 5 years from FY 2017 to FY 2021).

Replacing the conventional guardianship system of substitute decision-making with the adjudication of incompetent persons, the adult guardianship system was introduced in 1999 in conjunction with the revision of the Civil Code. It came into effect on April 1, 2000, in the backdrop of the shift of the welfare system from administrative decision-making to contract-based, such as the long-term care insurance system that went into effect in the same year. The adult guardianship system aims to protect the rights of people with dementia, intellectual disabilities, or mental disabilities who need support in decision-making in terms of legal actions in their property management and daily lives.

However, since statutory guardianship is not fully utilized, the Act Promoting the Use of the Adult Guardianship System was enacted to ramp up the system’s use. With this Act, the Government has created a structure for the publication of the system and the provision of consultation in each community and, in effect, boosted systematic efforts in cooperation with the Supreme Court, Ministry of Justice, and other relevant ministries.

Before the Cabinet approved the second Basic Plan Promoting the Use of the Adult Guardianship System on March 25, 2022, the MHLW held six sessions of the Expert Council Promoting the Use of the Adult Guardianship System (a total of 13 meetings of three working groups). In addition, the MHLW released the "Final Summary" on December 15, 2021, published it on December 22, and carried out consultations to get public opinions from January 21 to February 18, 2022.

The second phase of the plan covers the five years from FY2022 to FY2026 and addresses as priorities the promotion of the use of lasting power of attorney, securing and fostering supporters, the appropriate implementation of petitions by mayors of municipalities to the family courts for adjudication of statutory guardianship, the formulation of administrative plans by local governments, and the promotion of regional cooperation network building by strengthening the functions of prefectures.

For more information, please visit the website below (Japanese only):　　https://www.mhlw.go.jp/stf/seisakunitsuite/bunya/0000202622_00017.html