Adult Guardianship System~Adult Guardianship Registration System~
<Adult Guardianship System>
Please give an example where a third party other than a relative was appointed as an adult guardian.
<Adult Guardianship Registration System>
<Adult Guardianship System>
Q1
What kind of system is the adult guardianship system?
A1
For those who—due to dementia, intellectual disorders or mentally disability—lack sufficient capacity for judgment, to manage real estate or finances, conclude contracts regarding entering facilities or services for caregiving for their well-being, or discuss the division of inherited property, it may be difficult for them to do these things by themselves. In addition, they may sign contracts that are disadvantageous to them without a full understanding of the terms and may fall victim to unscrupulous business practices. The adult guardianship system protects and supports those who lack sufficient capacity to appreciate their own situation due to mental disorder.
成年後見制度
Q2.
What kind of adult guardianship systems are there?
A2.
The adult guardianship system is broadly divided into legal guardianship and voluntary guardianship systems.
In addition, the legal guardianship system is divided into three categories: "guardianship", "curatorship", and "assistance". The appropriate system can be chosen depending on the degree of the person’s capacity for judgment.
In the legal guardianship system, adult guardians (adult guardians / curators / assistants) selected by a family court protect and support the individual lacking sufficient capacity for judgment by acting on his or her behalf by performing legal acts such as entering into contracts, giving consent when the individual conducts a legal act by themselves, or later canceling disadvantageous legal acts the individual performed without consent.
(*Please see Q15 for information about the voluntary guardianship system.)
In addition, the legal guardianship system is divided into three categories: "guardianship", "curatorship", and "assistance". The appropriate system can be chosen depending on the degree of the person’s capacity for judgment.
In the legal guardianship system, adult guardians (adult guardians / curators / assistants) selected by a family court protect and support the individual lacking sufficient capacity for judgment by acting on his or her behalf by performing legal acts such as entering into contracts, giving consent when the individual conducts a legal act by themselves, or later canceling disadvantageous legal acts the individual performed without consent.
(*Please see Q15 for information about the voluntary guardianship system.)
Overview of the legal guardianship system
Guardianship | Curatorship | Assistance | |
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Target | Those who constantly lack capacity for judgment in normal state | Those who have significantly insufficient capacity | Those who have insufficient capacity for judgment |
Those who can make a petition | The person in question, his/her spouse, relatives within the fourth degree of kinship, public prosecutors, etc. Heads of municipalities (Note 1) |
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Acts that adult guardians (adult guardians, curators, assistants) can agree to or cancel |
In principle, all legal acts(except for acts related to daily life, Note 4)
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Acts stipulated in Article 13, Paragraph 1 of the Civil Code (Note 2) (Note 3) (Note 4) | “Specific legal acts” (some acts prescribed in Article 13, paragraph 1 of the Civil Code) specified by the family court at a hearing within the scope of the petition (Note 1) (Note 2) (Note 4) |
Acts that adult guardians (adult guardians, curators, assistants) can perform on the ward’s behalf | All legal acts concerning property | Specific legal acts specified by the family court at a hearing within the scope of the petition (Note 1) | Same as left (Note 1) |
(Note 1) | The consent of the person under curatorship will be required if the request is made by a person other than the person under curatorship to give a curator specific legal authority. The same is true for hearings giving the right of consent or specific legal authority to an assistant and hearings to start assistance. |
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(Note 2) | Article 13, Paragraph 1 of the Civil Code states actions such as debt, litigation, approval and abandonment of inheritances, new construction, reconstruction, and extensions. |
(Note 3) | Through hearings in family court, the scope of the right of consent and the right of cancellation can be extended in addition to the acts prescribed in Article 13, Paragraph 1 of the Civil Code. |
(Note 4) | Activities related to daily life are excluded. |
Q3.
What kind of system is “guardianship”?
A3.
This system protects and supports those who lack capacity for judgment in normal state due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). When this system is used, adult guardians appointed by the family court act on behalf of the person in performing legal acts such as contracts while thinking about the person's interests, or the person or adult guardian may later rescind unfavorable legal actions performed by the person lacking capacity. However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission. (Please refer to ◇Overview of Legal Guardianship System◇ in Q2.)
Q4.
Please give an example of the “guardianship” system.
A4.
The following is an example.
○しろまる Example of starting a guardianship |
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a. Condition of individual: Alzheimer’s disease b. Petitioner: Wife c. Adult guardian: Petitioner d. Overview Starting about five years ago, the ward became extremely forgetful and gradually could no longer lead a social life, such as not knowing the identities of his subordinates at work. Even in daily life, it was not possible for him to identify family members and his symptoms became severe, but there is no prospect of recovery and he has been hospitalized for two years. One day, his younger brother suddenly died in an accident, and he was to inherit his brother's property. However, his brother left only debt, and the wife of the person in question petitioned for the initiation of guardianship to disclaim his inheritance. After a family court hearing, the guardianship was granted. The wife, who had been in charge of the husband's property and personal custody, was appointed as an adult guardian, and the wife started the procedures to abandon the inheritance. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q5.
What kind of system is “curatorship”?
A5.
This system protects and supports those who have significantly insufficient capacity for judgment due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). With this system, it is necessary to obtain the consent of a guardian appointed by a family court for certain acts stipulated by the law, such as borrowing money, becoming a guarantor, and buying and selling real estate. Acts performed without the consent of the curator can be rescinded later by the individual or the curator. However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission, even if they are made without the consent of the curator. In addition, the family court hearing may extend the scope of the curator’s right of consent/rescission, or give t authority for specific legal acts (*).
*
In order to expand the scope of the curator’s right of consent or right of rescission, or to give the curator authority for specific legal acts, from the viewpoint of respect for self-determination, the person under curatorship must identify the necessary scope and petition for a hearing. In addition, the person under curatorship must agree to grant authority for specific legal acts to the curator. This petition is different from the petition for judgment for commencement of curatorship.
Q6.
Please give an example of the “curatorship” system.
A6.
The following is an example.
○しろまる Example of starting a curatorship | |
a. Condition of individual: Moderate dementia b. Petitioner: Eldest son c. Curator: Petitioner d. Overview A woman suffering from moderate dementia lived alone after losing her husband a year ago. Although she had shown signs of forgetfulness before, the symptoms have recently progressed, and she often forgets if she took out a 10,000 yen bill or a 5,000 yen bill when shopping. Daily life was becoming difficult, and she started living with her eldest son’s family. The eldest son, who lives in a neighboring prefecture, wanted to sell the land and home where his mother had been living because it had deteriorated. To do so, he petitioned to start a curatorship, and petitioned to be granted the specific legal authority to sell both the land and home. After a family court hearing, the curatorship was commenced, and the eldest son was chosen as the curator. The eldest son, after receiving permission from the family court regarding the disposition of residential real estate, proceeded to sell his mother’s home. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q7.
What kind of system is “assistance”?
A7.
This system protects and supports those who have insufficient capacity for judgment due to mental disorders (dementia, intellectual disorders, mental disorders, etc.). By using this system, the family court, after a hearing, can give the right of consent, the right of rescission and the power of representation to the assistant appointed by the family court to perform specific legal acts (*). However, from the viewpoint of respecting self-determination, “acts related to daily life" such as the purchase of daily necessities (food, clothing, etc.) are not eligible for rescission, even if they are made without the consent of the assistant.
*
In order to give the assistant the right of consent, the right to rescind or the power of representation, from the viewpoint of respect for self-determination, the person receiving assistance must identify the necessary scope of the assistance and petition for a hearing. This petition is different from the petition for judgment for commencement of assistance. These judgments regarding assistance need to be filed by the person seeking assistance or have that person’s consent.
Q8.
Please give an example of the “assistance” system.
A8.
The following is an example.
○しろまる Example of starting assistance | |
a. Condition of individual: Mild symptoms of dementia b. Petitioner: Eldest son c. Assistant: Petitioner d. Overview Recently, an elderly father with mild dementia cannot do housework properly, such as cooking rice without rinsing it, and while the eldest son was away at work during the daytime, the individual purchased several articles of expensive clothing from a visiting salesperson they have no need for. The worried eldest son filed a petition for a hearing to commence assistance with the family court, and also filed a petition for a hearing granting consent for purchases by the individual of 100,000 yen or more. After a family court hearing, assistance was started for the individual, and the eldest son was appointed as an assistant and was given the right of consent. As a result, the eldest son is now able to rescind contracts if his father purchases products over 100,000 yen without the permission of the eldest son. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q9.
What kind of people are chosen as adult guardians?
A9.
Family courts appoint adult guardians according to the circumstances such as what kind of protection or support is necessary for the individual. In addition to a relative of the individual in question, a legal/welfare expert or other third party, or a welfare-related public interest corporation or other corporation may be chosen. It is also possible to select multiple adult guardians. In addition, a supervisor may be chosen to supervise the adult guardians.
Q10.
Please give an example where a third party other than a relative was appointed as an adult guardian.
A10.
These are some examples.
○しろまる Example of a third party other than a relative being chosen as adult guardian | |
a. Condition of individual: Schizophrenia b. Petitioner: Aunt c. Adult guardian: Judicial scrivener d. Adult guardian supervisor: Adult Guardianship Center Legal Support e. Overview The individual developed schizophrenia 20 years ago and has been hospitalized for 15 years, but the individual’s intellectual abilities have gradually declined. In addition, the individual received a Grade 1 disability assessment, and the individual’s medical expenses are paid from the individual’s disability pension. The individual’s mother died half a year ago, and the only remaining relative is the individual’s maternal aunt. Because it is necessary to manage the home and apartment inherited from the late mother, the maternal aunt filed a petition for commencement of guardianship. After a family court hearing, the guardianship of the individual was commenced, and since it is difficult for the maternal aunt to become an adult guardian because they live far away and the main guardianship duties are the registration and management of residential real estate, a judicial scrivener was chosen as the adult guardian. In addition, the Adult Guardianship Center Legal Support was also chosen as the adult guardian supervisor. |
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a. Condition of individual: Mild intellectual disability b. Petitioner: Mother c. Adult guardian: Social welfare worker d. Overview The individual was an only child, had severe intellectual disabilities from birth, and lived with the individual’s mother for many years. The mother received the individual’s disability pension and was caring for the individual. However, it was necessary for the individual to be admitted to a facility after the mother had a stroke and became partially paralyzed without hope of recovery. Therefore, in order to entrust paperwork related to property management and personal custody to a third party, the mother filed a petition for judgment for commencement of guardianship. After a family court hearing, guardianship of the individual was commenced. Because the individual’s property and the property to be inherited in the future was small, and the main guardianship work was related to personal welfare such as what kind of facility is appropriate for the individual in the future, a social welfare worker was appointed as the adult guardian. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q11.
Please give an example where multiple adult guardians were chosen.
A11.
These are some examples.
○しろまる Example where multiple adult guardians were chosen | |
a.Condition of individual: Severe symptoms of dementia b. Petitioner: Eldest son c.Adult guardian: Petitioner and second daughter d.Overview A woman has lived alone after losing her husband. Symptoms of dementia gradually appeared about 10 years ago, and she has been hospitalized for the past 3 months. In recent years, the symptoms have become so severe that she mistakes the petitioner for her late husband when he visits her. In order to pay for her hospitalization expenses, it is necessary for her to withdraw some money from the bank, and a petition for a hearing to commence guardianship was filed. As a result of the family court hearing, her guardianship was commenced. Because the eldest son and the second daughter, who live nearby, were all taking care of her before she was admitted, they were appointed adult guardians, and the division of their duties was not stipulated. |
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a. Condition of individual: Vegetative state due to subarachnoid hemorrhage b. Petitioner: Wife c. Adult guardian: Petitioner and lawyer d. Overview Two years ago, a man fell down due to a subarachnoid hemorrhage and did not regain consciousness. His wife managed to pay for her husband's medical and living expenses while he was ill. However, because his father died and there was a need to discuss the division of his inheritance, she filed a petition for judgment for commencement of guardianship. As a result of the family court judgment, guardianship of the individual was commenced. And, because the wife lives apart from her children and there is no one else to rely on, she was concerned about carrying out the inheritance division discussions and her husband's property management alone, so the wife and lawyer were chosen as adult guardians. The wife is in charge of work regarding her husband's personal well-being, and the lawyer is in charge of work regarding inheritance division discussions and property management. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q12.
What is the role of adult guardians?
A12.
Adult guardians protect and support the individual while paying attention to the things around them such as their daily lives, medical care, caregiving and welfare. However, the duties of adult guardians are limited to legal acts such as the individual’s property management and contracts, and meals and actual caregiving are generally not part of their duties.
In addition, adult guardians are supervised by family courts through reports to family courts about their work.
In addition, adult guardians are supervised by family courts through reports to family courts about their work.
Q13.
What should be done if there is no one to petition for adult guardianship?
A13.
To facilitate the protection of those who are elderly with dementia, have intellectual disorders or mentally disabled without someone to make a petition for them because they have no relatives, the right to file a petition to commence a hearing to start legal guardianship (guardianship, curatorship, assistance) is given to the head of a municipality.
Q14.
Please give an example where the head of a municipality filed a petition to start an adult guardianship hearing.
A14.
The following is an example.
○しろまる Example where mayor filed petition for judgment for commencement of guardianship | |
a. Condition of individual: Intellectual disability b. Petitioner: Mayor c. Adult guardian: Judicial scrivener d. Overview The individual has severe intellectual disabilities and is currently living in a nursing home. The individual, who has received a disability pension for many years, has a large savings account, and it is necessary to manage it. Based on the long-term care insurance system, it is necessary to conclude a contract in order to be admitted to the special nursing home. The mayor petitioned for a hearing to commence guardianship based on the provisions of the Act on the Welfare of Persons with Intellectual Disabilities, as the individual has no relatives and, due to his disability, it was impossible for the man to conclude the necessary contract. As a result of the family court hearing, a guardianship was established for the individual, and a judicial scrivener was chosen as the adult guardian. Finally, the adult guardian concluded the nursing care insurance contract, and based on this, in addition to the special nursing home entrance contract, contracts were also concluded for various nursing care services, and the individual was now able to receive various services. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q15.
What kind of system is the voluntary guardianship system?
A15.
The voluntary guardianship system is when a person who has sufficient capacity for judgment signs a contract (voluntary guardianship contract) notarized by a notary public that gives the power of representation to perform work related to one’s living situation, nursing care and property management to a representative (voluntary guardian) they choose themselves beforehand in preparation for when they have insufficient capacity for judgment in the future. By doing so, after the person's capacity for judgment declines, it is possible to provide appropriate protection and support as they intended by having the voluntary guardian perform the work described in the voluntary guardianship contract, such as signing contracts as the ward’s agent, under the supervision of the “voluntary guardian supervisor” chosen by the family court.
Q16.
Please give an example where a supervisor of a voluntary guardian is chosen using the voluntary guardianship system.
A16.
The following is an example.
○しろまる Example of voluntary guardianship supervisor selection | |
a. Condition of individual: Dementia symptoms due to cerebral infarction b. Voluntary guardian: Eldest daughter c. Voluntary guardianship supervisor: Lawyer d. Overview Although a man had been managing his own apartment for many years, he signed a voluntary guardianship contract naming his eldest daughter as his guardian in case his capacity for judgment deteriorated. A few months later, the man fell down when suffering a stroke and the left side of his body was paralyzed. Symptoms of dementia also appeared, and he even forgot that he owned an apartment. Because of this, his eldest daughter, the other party to the voluntary guardianship contract, petitioned for a hearing to appoint a supervisor for the voluntary guardianship. After the family court hearing, a lawyer was appointed as the voluntary guardianship supervisor. As a result, the eldest daughter, as the voluntary guardian, performs work related to the individual’s property management including apartment management and her father’s personal care, while the voluntary guardianship supervisor regularly oversees the work to ensure it is properly carried out. |
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(Note) From the Supreme Court’s "Overview of Adult Guardianship-related Cases" |
Q17.
How much does it cost to use the adult guardianship system?
A17.
The prices are as follows.
1. Necessary fees for hearing petitions to commence legal guardian
Guardianship | Curatorship | Assistance | |
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Petition fee
(revenue stamp)
|
800 yen | 800 yen (Note 1) | 800 yen (Note 2) |
Registration fee
(revenue stamp)
|
2,600 yen | 2,600 yen | 2,600 yen |
Other | Postage stamp for notification (Note 3), expert opinion fee (Note 4) |
Separate 800 yen revenue stamps are required for each petition for a hearing that grants legal authority to a curator, or a hearing that adds an act requiring the consent of a curator.
(Note 2)
For a hearing to start assistance, a hearing granting legal authority or the right to consent to the assistant is necessary at the same time, with an 800 yen revenue stamp required for each petition.
(Note 3)
Please check with the family court where the petition was filed.
(Note 4)
For guardianship and curatorship, in order to sufficiently check medically the degree of the person's capacity for judgment, an expert opinion fee is necessary for a doctor to give an expert opinion. The expert opinion fee varies depending on the individual case, but in most cases it is less than 100,000 yen.
(Note 5)
When making a petition, documents including family registers, certificates of registration and medical certificates are required. There are also separate fees for obtaining them. (Please check with the family court where the petition will be filed for the required documents.)
(Note 6)
Those with limited resources may be able to receive assistance through the civil legal aid system provided by the Japan Legal Support Center (nicknamed "Law Terrace") such as the advance payment of petitioner fees.
For details, please call the Law Terrace consultation desk (Tel: 0570-078374). In addition, there are municipalities which subsidize the necessary expenses to use the legal guardianship system. For details, please contact your local municipal office.
2. Necessary fees for creating notarized voluntary guardianship contracts
Basic fee for creating notarized documents | 11,000 yen |
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Registration commission fee | 1,400 yen |
Revenue stamp paid to registries office | 2,600 yen |
Other | Certificate fees for originals issued to the individual, stamp fees for sending registration commission letter, etc. |
Q18.
How long does it take from making a petition until the adult guardianship system can start being used?
A18.
Generalizations cannot be made, as hearing periods vary according to each individual case. A certain hearing period will be required for expert opinion procedures, the examination of the eligibility of adult guardian candidates, and the hearing of the individual's statements. In many cases, the period from petition to the start of adult guardianship is less than four months.
Q19.
What is the concrete procedure to use the adult guardianship system?
A19.
1.
To those considering use of the legal guardianship system (guardianship, curatorship, assistance)
In order to use the legal guardianship system, it is necessary to petition the family court (*1) with jurisdiction over the location where the individual lives for a hearing to start guardianship. For details of the procedure, please contact the family court (*2) that must be petitioned.
2.
To those considering use of the voluntary guardianship system
Because it is generally necessary to go to a notary office to make a voluntary guardianship contract in order to use the voluntary guardianship system, please inquire at the nearest notary office (*) for details of the procedure.
In order to use the legal guardianship system, it is necessary to petition the family court (*1) with jurisdiction over the location where the individual lives for a hearing to start guardianship. For details of the procedure, please contact the family court (*2) that must be petitioned.
*1 Please see "Local Courts" published on the Supreme Court of Japan website to find out the family court that have jurisdiction.
“Local Courts” (Supreme Court of Japan website)
“Local Courts” (Supreme Court of Japan website)
*2 With regard to the specific procedures concerning petitioning for a hearing to start a guardianship, please refer to “2 Cases Regarding the Adult Guardianship System” under “Cases” on the “Guide to hearing proceedings: Domestic Relations Cases” page of the Supreme Court of Japan website.
“Guide to hearing proceedings: Domestic Relations Cases” (Supreme Court of Japan website)
“Guide to hearing proceedings: Domestic Relations Cases” (Supreme Court of Japan website)
Because it is generally necessary to go to a notary office to make a voluntary guardianship contract in order to use the voluntary guardianship system, please inquire at the nearest notary office (*) for details of the procedure.
* For the closest notary office near you, please see the "List of Notary Office Locations Nationwide" on the Japan National Notaries Association website. Please also look at the Q&A section about voluntary guardianship contracts on the website.
“List of Notary Office Locations Nationwide” (Japan National Notaries Association website)
“Q&A Voluntary Guardianship Contracts” (Japan National Notaries Association website)
“List of Notary Office Locations Nationwide” (Japan National Notaries Association website)
“Q&A Voluntary Guardianship Contracts” (Japan National Notaries Association website)
<Adult Guardianship Registration System>
Q20.
What is the adult guardianship registration system?
A20.
The adult guardianship registration system is a system that uses a computer system to register the content of adult guardian authority and voluntary guardianship contracts, and to disclose registered information by issuing a document certifying the particulars recorded in a file of guardianship registration, etc. (if there is no such record, a statement of such fact; hereinafter, this document shall be referred to as a “certificate of registered matters” or a “certificate of no registration”, depending on its contents).
Q21.
Where is registration carried out?
A21.
Adult guardianship registration work nationwide is carried out at the Guardianship Registration Division in the Tokyo Legal Affairs Bureau.
In addition, among registration work, certificates are issued at counters in the Tokyo Legal Affairs Bureau and the Family Registry Division of each Legal Affairs Bureau and Regional Bureau of Legal Affairs.
In addition, among registration work, certificates are issued at counters in the Tokyo Legal Affairs Bureau and the Family Registry Division of each Legal Affairs Bureau and Regional Bureau of Legal Affairs.
Q22.
When is registration conducted?
A22.
Registration is conducted at the request of a family court or notary public when hearings for guardianship are commenced, or when notarized voluntary guardianship contracts are created. In addition, the registered individual or adult guardian (*1) must apply for a “Change of Registration” when there are changes to registered information such as an address change after registration, or a “Registration of Termination” when legal guardianship or voluntary guardianship is terminated due to the death of the individual or other reasons. Applications for “Change of Registration” and “Registration of Termination” can also be made by interested parties such as relatives of the individual. Applications for registration can be made by registered mail.
a. “Change of Registration” application form [PDF]
b. “Registration of Termination” application form [PDF]
* When printing, if the image is cut off in the middle of A4 portrait paper, adjust the margins using the print settings.
a. “Change of Registration” application form [PDF]
b. “Registration of Termination” application form [PDF]
* When printing, if the image is cut off in the middle of A4 portrait paper, adjust the margins using the print settings.
Q23.
When can certificates of registered matters and of no registration be used?
A23.
For example, when an adult guardian enters into contracts to sell property or to provide long-term care services on behalf of the individual, the guardian may be required to confirm their authority by presenting a Certificate of Registered Matters to the trading partner. In addition, those who are not under adult guardianship (legal guardianship / voluntary guardianship) can be issued a Certificate of Non-registered Matters.
Q24.
How can the issuance of certificates of registered matters and of no registration be requested?
A24.
When requesting the issuance of certificates, please affix the required revenue stamps (fee) on an application form including the name, date of birth and qualification (relationship with the individual) of the requester, and attach any necessary documents (see Q27 for details about attachments). Requests can also be made by mail with an enclosed return envelope (self-addressed and stamped).
Certificates are issued at counters in the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, or the Family Registry Division at each Legal Affairs Bureau or Regional Bureau of Legal Affairs.
Certificates are issued at counters in the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, or the Family Registry Division at each Legal Affairs Bureau or Regional Bureau of Legal Affairs.
Q25.
Who can request the issuance of certificates of registered matters and of no registration?
A25.
Those who can request issuance of certificates are limited to certain people, such as the individual, his or her spouse, relatives within the fourth degree of kinship (in the case of Certificates of Removed Matters, heirs and other successors) and adult guardians from the viewpoint of protecting the security of transactions and the privacy of the individual. In addition, requests cannot be made if the requester is a business partner.
Please see Q27 for details about necessary attachments for the application.
In addition, a personal representative who has been entrusted by the individual can also request the issuance of certificates on the individual’s behalf.
Please see Q27 for details about necessary attachments for the application.
In addition, a personal representative who has been entrusted by the individual can also request the issuance of certificates on the individual’s behalf.
Q26.
Where are the application forms for certificates of registered matters and of no registration?
A26.
You can select one of the following to print out the form. In addition, besides the Guardianship Registration Division of the Tokyo Legal Affairs Bureau, you can obtain them at the nearest Legal Affairs Bureau, Regional Office of Legal Affairs (please refer to the last page of the pamphlet posted at the top of the page) or branch office.
*When printing, please set the paper to A4 portrait and the margins to 5 mm both at the top, bottom, left and right using the page settings for the convenience of certificate issuance. (If there are any parts that are not printed or it is printed on more than one page, please adjust the margins accordingly.)
*It is possible to create an application form by directly filling in the PDF file (Note).
When printing, for the convenience of certificate issuance, please make adjustments by selecting “Print setting - Fit to paper size” to ensure that the marks (━ and ■しかく) in the four corners of A4 portrait paper are printed.
(Note)When printing, for the convenience of certificate issuance, please make adjustments by selecting “Print setting - Fit to paper size” to ensure that the marks (━ and ■しかく) in the four corners of A4 portrait paper are printed.
If you use PDF reading software other than Adobe Acrobat Reader, you may not be able to enter data correctly.
For example, when using Windows 10, PDF files are initially opened using Microsoft Edge, which is the standard browser for Windows 10, but this does not allow for direct entry on the “Certificate of Non-registered Matters Application Form”. Therefore, please set your PC to use Adobe Acrobat Reader as the PDF viewing application, or change the browser to Internet Explorer 11, etc. and open the PDF file using Adobe Acrobat Reader.
○しろまる When applying in person
Submit the application directly at the counter of the Guardian Registration Division in the Tokyo Legal Affairs Bureau or the Family Registry Division in each Legal Affairs Bureau or Regional Bureau of Legal Affairs excluding the Tokyo Legal Affairs Bureau.
○しろまる When applying by mail
Enclose a return envelope (120 cm by 235 cm with postage affixed and the return address) and send it to the Guardian Registration Division of the Tokyo Legal Affairs Bureau at the following address.
Submit to:
Kudan Second Government Building (4F), 1-1-15 Kudanminami, Chiyoda-ku, Tokyo 102-8226
Guardian Registration Division, Civil Administration Department, Tokyo Legal Affairs Bureau
(5-minute walk from Exit 6 of Toei Kudanshita Station)
Tel: 03-5213-1234 (Main), 03-5213-1360 (Direct)
Q27.
What kind of attachments are necessary when applying for certificates of registered matters and of no registration?
A27.
If the spouse or relatives within the fourth degree of kinship of the individual request the issuance of a certificate, they must attach a copy of their family register or residence certificate in order to prove their relationship to the individual. Please be aware that multiple family registers may be necessary to prove the relationship to the individual for indirect relatives such as grandparents, grandchildren, uncles, aunts, nieces and nephews. It is fine if the familial relationship can be understood from the family column of the family register or the residence certificate.
When a corporation requests the issuance of a certificate, a Certificates of Registered Matters for the corporation must be attached.
A personal representative who has been entrusted by the individual may request certificates on behalf of the individual, but must include the power of attorney or other legal document establishing legal authority.
* When certificates are issued, please present/provide documents to verify your identity such as a driver’s license or insurance card. When applying at the counter, please present it according to the instructions of the staff. If you wish to apply by mail, please be sure to enclose one copy beforehand.
* If you would like the originals of the attached documents to be returned, when applying, please submit (send) the original documents and copies (indicate as appropriate that the copy is the same as the original, and stamp the seal of the applicant).
When applying by mail, please place the necessary postage including the originals of the attached documents to be returned in the return envelope.
In addition, powers of attorney or other documents made only for this application cannot be returned. In addition, documents that have been suspected of being used for fraudulent applications will not be returned.
In addition, when applying online, it is necessary to obtain in advance an Individual Number Card that can use the public certification service for individuals. The fees for online applications are cheaper than when applying in person at a counter.
When a corporation requests the issuance of a certificate, a Certificates of Registered Matters for the corporation must be attached.
A personal representative who has been entrusted by the individual may request certificates on behalf of the individual, but must include the power of attorney or other legal document establishing legal authority.
* When certificates are issued, please present/provide documents to verify your identity such as a driver’s license or insurance card. When applying at the counter, please present it according to the instructions of the staff. If you wish to apply by mail, please be sure to enclose one copy beforehand.
* If you would like the originals of the attached documents to be returned, when applying, please submit (send) the original documents and copies (indicate as appropriate that the copy is the same as the original, and stamp the seal of the applicant).
When applying by mail, please place the necessary postage including the originals of the attached documents to be returned in the return envelope.
In addition, powers of attorney or other documents made only for this application cannot be returned. In addition, documents that have been suspected of being used for fraudulent applications will not be returned.
Q28.
Can requests for the issuance of registration application forms and certificates of registered matters be made online?
A28.
Requests for the issuance of a “Certificate of Registered Matters”, “Certificate of Non-registered Matters”, a “Change of Registration” when there are changes to registered information such as an address change, or a “Registration of Termination” when legal guardianship or voluntary guardianship is terminated due to the death of the individual can be made online using the internet.
In addition, when applying online, it is necessary to obtain in advance an Individual Number Card that can use the public certification service for individuals. The fees for online applications are cheaper than when applying in person at a counter.
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