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Read MoreUnder the Civil Code’s Adult Guardianship system, while a person is still mentally clear and able to express themselves, they can identify a trusted individual to serve as their appointed guardian and sign an Adult Guardianship contract. This contract stipulates that in the future, should the person become elderly, ill, or lose the ability to live independently and be placed under a guardianship declaration, the appointee will serve as their guardian—responsible for daily care, health management, and asset administration—until the person passes away or the contract ends.
Even if one day I can no longer take care of myself, I won't worry.
Adult Guardianship
Even if one day I can no longer take care of myself, I won't worry.
What are the benefits of adult guardianship?
妥善運用財產
可以事先約定好在未來若自己受到監護宣告時，由你信任的人來當你的監護人，妥善管理及運用你的財產，以你希望的方式照顧你。
託付信任之人
You can appoint someone without a family relationship as your Adult Guardianship appointee, including friends, partners, or cohabitants—anyone you trust.
自願承擔責任
Because the Adult Guardianship appointee voluntarily assumes guardianship responsibility, they are typically more proactive in carrying out their guardianship duties for you.
事先指定人選
When you lose the ability to express your wishes, the Adult Guardianship appointee can also help you file for a guardianship declaration with the court. During its review, the court will give priority to the appointee you designated.
不只託付一人
你可以同時選定數個受任人，根據他們的專長或意願分配監護領域，減輕各別監護人的負擔。
約定監護酬勞
You can specify in the Adult Guardianship contract how much compensation the guardian will receive, or agree on no compensation at all.
I will safeguard your wishes.
Adult Guardianship is essentially a mandate contract that allows adults to freely establish a contractual relationship to choose their own guardian.
Mr. Wang, a successful entrepreneur worth hundreds of millions, was once standing in a busy crowd on his way home when, for nearly half an hour, he could not recall where he was supposed to go. Anxious, he could only stand still on the road he walked every day.
After a full medical examination, the doctor told Mr. Wang clearly that his memory was declining. From then on, Mr. Wang could not help worrying that within a few years, he might become a person with dementia who would burden his family…
Mr. Wang's beloved wife had passed away. His only remaining family was a younger brother and a son — and he knew both had their eyes on his estate. If he were to lose mental capacity, he did not want either of them to become his guardian and gain authority over his assets and personal care.
Adult Guardianship
Steps to Arrange Adult Guardianship - 1 Sign an Adult Guardianship Contract
- A written Adult Guardianship contract must be established; oral agreements cannot serve as a substitute.
- 2 Appear in person to execute the notarized agreement
- 辦理須由委任人偕同受任人親自前往，不能拜託他人代替出席。
- 3 A qualifying incapacity occurs
- The Adult Guardianship principal must be assessed as having lost the capacity for discernment to qualify for a guardianship declaration.
- 4 Petition the court for a guardianship declaration
- 包括受任人及聲請權人，皆有權為委任人聲請監護宣告。
- 5 The appointed person assumes the role of guardian
- After the guardianship declaration, the appointee will begin fulfilling guardianship duties according to the terms of the Adult Guardianship contract.
Before signing an Adult Guardianship contract, the following conditions must be met, and a qualified appointee must be found. You must be:
- Adults (under Taiwan Civil Code, age of majority is 18)
- Persons with full legal capacity
- Regardless of physical health — provided the person is conscious and able to express themselves clearly at the time of signing
Adult Guardianship
Qualifications for the Adult Guardianship Contract Appointee
Basically, anyone who meets the qualifications for a guardian can accept appointment as another person’s Adult Guardianship appointee.
Under Article 1096 of the Civil Code, a person may not serve as guardian if they: are a minor, are missing, have been declared bankrupt and not yet rehabilitated, or are themselves subject to a guardianship or assistance order that has not been revoked.
Adult Guardianship refers to choosing a trusted person in advance while you are still able to make decisions, so that when you can no longer do so, they can help make decisions that align with your personal will and expectations.
This person may be a friend, family member, colleague, or trusted advisor — as long as both parties agree and the notarization is completed. In the future, if mental impairment or other circumstances prevent you from fully expressing your wishes, this designated person becomes your guardian and assists with various matters. This arrangement may be revoked or modified at any time, ensuring your plan continues to reflect your evolving values.
