米国における後見人監督制度と法的後見制度代替策

概要

論文の詳細を見る
During the past two decades, more people in the U.S. chose to have various alternative arrangements regarding court-appointed guardianship. The disadvantages of guardianship are (1)wards have no rooms to make their own decisions, (2)the approving process requires too much time and money, and (3)guardians have so much power over their wards that they can put their interests ahead of those of the wards. Durable power of attorney could minimize the financial and physical risks for the principal since power of attorney would be usually appointed by the principal himself before he became incapacitated. Paid arrangements for partial representations, such as bill paying services and trusts, could further reduce the risks of being abused by the guardian although they are less flexible than durable power of attorney when the principal would be in need of more complicated decision-making. At the same time, Probate Courts of the most states have developed some kinds of systems to oversee the guardians regularly. Courts also impose the guardians to attend training programs and to submit annual reports. Furthermore, some states employ court visitors and volunteer conservator programs.
一般社団法人日本社会福祉学会の論文
2000-02-28