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Difference between Japan and the US #3

English Blog,  Guardian   2022/04/04 (月)  6:12 PM

   After filing a petition for appointment of a guardian, the next issue is how to evaluate and determine incapacity of the respondent.

   In Japan, with increasing the number of above petition because of advancing super-aging society,  the recent process regarding examination of incapacity is becoming more simple compared to that of a few years ago. 
To give an example. when it comes to attached medical documents to be submitted to the courts, it is overwhelmingly dominated by HDS-R. Furtheremore, in terms of ensuring human rights of the alleged incapacity person (respondent), hearing before the courts or attending the courts is generally omitted. 

    On the other hand, the US gives weight to this stage.
FLA.STAT.§744.331(3) requires an examining committee which consists of 3 professional members including psychologist or gerontologist or social worker  in order to determine the capacity of the respondent. In other words, only medical professionals such as physician and registered nurse do not examine and determine it. 

    In case of Colorado, which emulates UGCOPAA, appointing"visitor" by the courts is mandatory(CO rev Stat §15-14-305). As UGCOPAA comment specified, visitor shall serve as the eyes and ears of the courts for the sake of protecting self-determination (autonomy) of the respondent. Contrary to Florida, professional evaluation is not always required(Co rev Stat §15-14-306).

    All things considered, from the respondent's perspective, although the evaluation process varies from state to state, the US will be able to more or less find improper or misused petition in the first phase, with the result that such findings will contribute to protection of their human rights.