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Difference between Japan and the US #2

English Blog,  Guardian   2022/02/23 (水)  5:25 PM

 In order to  initiate guardianship proceeding, someone must file a guardianship petition. 

 In accordance with Article 7, 11,15 of Civil Code and other relevant legislations, Japan restricts the range of petitioners such as: respondent, spouse, 4 degree of kinship and the head of a municipal government.
To put it another way, only limited persons can apply to family courts pursuant to above Japanese laws. 

 As opposed to Japan,  "interested person" is generally eligible to start with courts in the US. Hence I would like to give the following examples. 

 Kentucky Statutes stipulate that "Any interested person or entity may petition the District Court for the appointment of a guardian or limited guardian  for an unmarried minor"(KRS 387.025(1)).

 It can be considered that interested person or entity includes not only relative and neighbor of the respondent but also corporation and association regarding the respondent's welfare. 


 In case of Florida, although there is no articulation like Kentucky, FLA. STAT.§744.3201(2)(d) describes that "petitioner believes the alleged incapacitated person to be incapacitated and specify the factual information on which such belief is based and the names and addresses of all persons known to petitoner who have knowledge of such facts through personal obervations". 

 This expression indicates that such petitioner is also one of interested persons.


 In terms of gurdianship in Japan, the issue of limited petitioners sometimes hinders lawyers from filing the petition, with the result that we often struggle to seek for alternative ways. 
Nevertheless, from the viewpoints of the concept of the guardianship in the US, this narrow range of petitioners may be preferred because it ensures that the fundamental human rights are retained by the respondent.