Also, there is no end in sight to embezzlement by guardians who are in the legal profession, such as attorneys and judicial scriveners. The perpetrators even include attorneys who are responsible for supervising the guardians. They have certainly forgotten that their professional credibility is built upon the trust of the public.

From July 24, 2015, Vox Populi, Vox Dei is a daily column that runs on Page 1 of The Asahi Shimbun.

We can never expect perfection in the workings of society. Flaws inevitably show up here and there, and society’s caliber is tested by whether the problems are addressed and resolved swiftly, or allowed to get out of hand through indecision or neglect.

In 2013, a flaw in Japan’s adult guardian system was remedied relatively well.

Introduced in 2000 to protect the assets of people with diminished competence due to dementia and other cognitive impairments, this system’s one flaw was that anyone who came under legal guardianship automatically lost their right to vote.

In a lawsuit brought by a woman in that situation, the Tokyo District Court ruled in March 2013 that denying her the right to vote violated the Constitution. The Diet was swift to act on the ruling, and unanimously passed a bill to revise the system and enable people under legal guardianship to vote.

Unlike an old system instituted during the Meiji Era (1868-1912) to void all legal rights of anyone who had been legally declared incompetent, the current system’s underlying principle is that each ward’s right to self-determination must be protected. In 2013, the judiciary and the legislature dealt with the system’s flaw just as they should.

With that said, however, the system is still not perfect. In fact, it is being constantly abused by legally appointed guardians who are relatives of their wards. Such guardians take advantage of their position as asset managers and dip into their wards’ savings accounts and other assets.

As of the end of last year, at least 19.6 billion yen ($158 million) had been misappropriated in this manner over a period of four-and-a-half years, according to statistics compiled by the Supreme Court.

Also, there is no end in sight to embezzlement by guardians who are in the legal profession, such as attorneys and judicial scriveners. The perpetrators even include attorneys who are responsible for supervising the guardians. They have certainly forgotten that their professional credibility is built upon the trust of the public.

We need to go back to the basics. The success of the adult guardianship system hinges on how well people can be groomed into dependable guardians, which was an issue that was raised before and right after the system was introduced.

This poses a tough challenge. But the challenge must be met without delay.

–The Asahi Shimbun, July 24, 2015

* * *

Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.