Those abroad or in Korea frequently struggle to comprehend how to safeguard their elderly parents, or family members who are residing in Korea. Don’t fret, a system is in place in Korea to assist families in need. Korean Guardianship Law was revised to meet the growing need for guardians in Korea. For a list of the type of Guardians in Korea please see: The Formalities under the Guardian Law of Korea
The need for adult guardianship among seniors residing in Korea who are unable to care for themselves or make sound decisions for themselves because of Alzheimer’s disease or other mental or physical conditions has increased due to the growing aged population in Korea. IPG Legal has seen an increase in the need for Adult Guardians for parents and grandparents residing in Korea.
Why is an Adult Guardian needed?
According to one’s own aim and remaining capacity, an Adult Guardianship would be beneficial for managing property, receiving treatments, receiving medical care, avoiding scams and efficiently and effectively safeguarding assets. Additionally, a person who is not, presently, suffering from a mental or physical condition can use an adult guardian to plan for future incompetence due to old age.
What is Adult Guardianship in Korea?
An Adult Guardian in Korea is a person who is legally obligated to look after the person and property interests of another adult person known as “ward.” Adult guardianship is made public by filing with the public registry for the purpose of transactional safety.
Since July 1, 2013, the treatment of an incompetent or nearly incompetent person under the Korean Civil Act has been raised to Adult Guardianship. This amendment to law strengthened the protection of the elderly and disabled. A Korean court is required to appoint the guardian and the process of appointment is discussed, in brief, at: The Formalities under the Guardian Law of Korea
Who is eligible to become a guardian in Korea?
Taking into account the ward’s health, social life, property, and other factors, the Korean courts appoint a suitable and appropriate guardian while, in many cases, respecting the ward’s wishes. Typically, a family member, acquaintance, or relative is qualified to serve as guardian. Equally eligible are other specialists like a lawyer, judicial scrivener, tax accountant, and social worker. There could be, in some cases, multiple guardians appointed.
Duties of guardians in Korea?
The type of Korean guardianship and the Korean court’s decision, if applicable, will determine a guardian’s rights and obligations. The typically rights and obligations include:
- Property management: As ordered by the court in Korea, the guardian may manage the ward’s properties and exercise the representative’s right or consent.
- Protection of the life and wellbeing of ward: In theory, the ward is free to choose his or her own medical care, health care, rehabilitation, education, and place of residence. If the ward finds it impossible to make a choice on his own, the guardian may do so with the court’s approval.
You can schedule a free initial consultation with an experienced lawyer in Korean Adult Guardian Law at: Schedule a Call with an Attorney in Korea.
- Appointment of a Guardian in Korea
- The Formalities under the Guardian Law in Korea
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