[MHLW] Two Meetings Held of Working Groups under the Expert Council to Promote the Use of the Adult Guardianship System

The Ministry of Health, Labour and Welfare (MHLW) held a meeting of the Working Group on Community Collaboration Network on September 2, 2022, and a meeting of the Working Group to Improve the Operation of the Adult Guardianship System on September 27, 2022.

The Act to Promote the Use of the Adult Guardianship System (Act No. 29 of 2016) stipulates in Article 12, Paragraph 1 that  measures for the use of the Adult Guardianship System shall be comprehensively and systematically promoted through the formulation  of a "Basic Plan to Promote the Use of the Adult Guardianship System." In addition, Article 13, Paragraph 2 of the Act provides for the establishment of an "Expert Council to Promote the Use of the Adult Guardianship System" to monitor and evaluate the progress of the measures set forth in the basic plan and to consider necessary responses for the comprehensive and systematic implementation of measures related to the promotion of the use of the adult guardianship system.

The Basic Plan's "First Phase Plan," covering the period from FY 2017 to FY 2021, was implemented to improve the operation of the Adult Guardianship System, create a community collaboration network for individual advocacy, and improve the environment for the use of the Adult Guardianship System. However, it was still considered insufficient in some areas. Therefore, the Cabinet approved the "Second Phase Plan" on March 25, 2022, covering the five years from FY2022 to FY2026.

Under the Second Phase Plan, the MHLW established three working groups under the "Expert Council to Promote the Use of the Adult Guardianship System." Each working group will consider the following matters:

(1) Working Group to Explore Comprehensive Support Measures for Individual Advocacy

This working group explores comprehensive measures for individual advocacy, such as:

  • Social services, including daily living support, will help people exercise their rights, i.e., support for their decision-making, transparent and reliable operation, and steady connection with community collaboration networks.
  • Measures to make individual advocacy by the judiciary more accessible when the infringement of rights is detected
  • Measures to use donations effectively
  • Measures to enable corporations that are assigned to difficult cases to provide guardianship services with the appropriate involvement of the government

(2) Working Group to Improve the Operation of the Adult Guardianship System

This working group studies the reckoning of appropriate remuneration, promotion of remuneration subsidies, and others, including:

  • Independent examination by the courts towards the reckoning of appropriate remuneration for guardians and a system to subsidize the costs and remuneration of petitions.
  • Measures to ensure that the support projects for the use of the adult guardianship system by municipalities are implemented appropriately throughout the country.
  • Current measures, including necessary reviews, for the national government's community support projects and community life support projects.
  • Measures to ensure that the civil legal aid system is utilized appropriately when guardians, including legal professionals, request attorneys at law or judicial scriveners to conduct civil court proceedings.

(3) Working Group on Community Collaboration Network

This working group studies matters related to difficult cases, such as:

  • Core institutions that cannot share recognition with relevant persons - municipalities and core institutions should be able to deal with such cases in cooperation with relevant institutions and organizations.

For more information, please visit the website below.
https://www.mhlw.go.jp/stf/shingi2/0000212875_00007.html

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