Japan’s Adult Guardianship System to Be Reformed: “Guardianship” and “Curatorship” to Be Abolished
AKIRA YAMAMOTO.AKIRAOn June 17, 2026, a law to amend Japan’s adult guardianship system was enacted and was promulgated on June 24.
Under the current adult guardianship system, there are three categories depending on the degree of a person’s decision-making capacity: “Guardianship” (Koken), “Curatorship” (Hosa), and “Assistance” (Hojo).
Under the new system, “Guardianship” and “Curatorship” will be abolished, and the three categories will be unified into “Assistance.”
Under the current system, for example, even if adult guardianship is used for a specific purpose, such as the division of an estate or the sale of real estate, the guardianship generally cannot be terminated simply because that procedure has been completed, unless the person’s decision-making capacity has recovered.
Under the revised system, consideration will be given not only to the person’s decision-making capacity but also to what kind of support the person actually needs. An assistant will be granted authority to act on the person’s behalf or to consent to or cancel certain legal acts only to the extent necessary.
It will also be possible to terminate the arrangement when the circumstances requiring such support no longer exist.
Through this reform, Japan’s adult guardianship system will shift toward a more flexible system that can be used “when necessary and only to the extent necessary.”
Although the amended law has already been promulgated, the provisions concerning the adult guardianship system have not yet taken effect. The effective date will be specified by a Cabinet Order and will be no later than two years and six months from the date of promulgation.
For more information, please visit the website of the Ministry of Justice of Japan (in Japanese).
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