Can Foreigners Use Japan’s Adult Guardianship System?

Introduction

Are you a foreign national considering long-term residence in Japan? If so, have you heard of the Adult Guardianship System in Japan?
This system is designed to support individuals who have difficulty making decisions on their own due to dementia, intellectual disabilities, or other reasons. When needed, the Family Court appoints a guardian to act on the person’s behalf.

What’s important to know is that this system isn’t only for Japanese citizens. It can also be relevant for foreigners who live in Japan—and even for those living abroad but owning property in Japan.

In this article, we’ll explain—based on official laws—whether foreign nationals can use Japan’s adult guardianship system, and under what conditions guardianship may apply even if the person lives overseas.

What is Japan’s Adult Guardianship System?

Japan’s adult guardianship system is a legal framework that protects the lives and assets of people who are not fully capable of making decisions on their own.
There are three types of guardianship based on the level of decision-making ability:

  • Guardianship (koken): For individuals whose capacity for judgment is lacking in normal state (e.g., advanced dementia)
  • Curatorship (hosa): For individuals whose capacity for judgment is significantly insufficient
  • Assistance (hojo): For individuals whose capacity for judgment is insufficient

Once the guardianship is adjudicated, a guardian appointed by the Family Court can enter into contracts and manage the person’s property on their behalf.
Even after a guardian is appointed, the court continues to supervise as needed through what are called protective measures, ensuring continuous support in their daily lives.

Can Foreign Nationals Use the Guardianship System in Japan?

In short, yes—foreign nationals residing in Japan can use the adult guardianship system.This is based on 

Article 5 of Japan’s Act on General Rules for Application of Laws.

(Ruling for Commencement of Guardianship)
Article 5
The court may make a ruling for commencement of guardianship, curatorship or assistance (hereinafter collectively referred to as a “Ruling for Commencement of Guardianship, etc.”)
under Japanese law where a person who is to become an adult ward, person under curatorship or person under assistance
has domicile or residence in Japan or has Japanese nationality.

According to this law, if a person resides in Japan or holds Japanese nationality, the Family Court may carry out guardianship procedures based on Japanese law.

So even if the person has a foreign nationality, as long as they live in Japan, they can file a petition with the court and be granted the use of this system.

Once the guardianship is adjudicated, the guardian receives essential legal powers such as:

  • Right to agree to or cancel all legal acts
  • Right to perform all legal acts on the ward’s behalf, excluding acts related to daily life (e.g. purchase of commodities.)

These powers help protect the individual’s daily life and assets.

Regarding “Protective Measures”

Japan’s guardianship system includes protective measures, in which the court stays involved even after guardianship starts.
This includes decisions such as appointing or removing a guardian, or approving the sale of property.

Foreign nationals can also be subject to protective measures once the system is initiated, but the applicable law (whether Japanese law or the person’s national law) may vary depending on nationality and personal circumstances.

Can foreign assets abroad also be protected under Japanese law?

Interestingly, Japanese law does allow for certain exceptional cases.
Even if a person lives abroad, protective measures under Japanese law may still be applied when:

  • The person resides in another country
  • Guardianship is already possible under their home country’s law
  • But no one is managing their property located in Japan

In such situations, Article 35, Paragraph 2, Item 1 of the Act on General Rules for Application of Laws states that the Japanese Family Court may intervene and take protective measures.

(Guardianship)

Article 35
(1) Guardianship, curatorship or assistance (hereinafter collectively referred to as “Guardianship, etc.”) is governed by the national law of a ward, person under curatorship or person under assistance (collectively referred to as a “Ward, etc.” in paragraph (2)).

(2) Notwithstanding the provisions of the preceding paragraph, in the following cases where a foreign national is a Ward, etc., a ruling of appointment of a guardian, curator or assistant and other ruling concerning Guardianship, etc. is governed by Japanese law:

(i) where the grounds for commencement of Guardianship, etc. of the foreign national exist under their national law, and there is no person to conduct the affairs of Guardianship, etc. in Japan; or
(ii) where a Ruling for Commencement of Guardianship, etc. of the foreign national is made in Japan.

For example, imagine a foreigner who owns a condo or savings account in Japan. They’ve become elderly and guardianship has already been started in their home country. But no one is managing their assets in Japan—
→ In this case, the Family Court in Japan may step in and appoint someone to manage the property, in the person’s best interest.

Conclusion

Japan’s adult guardianship system was originally designed to support elderly or disabled individuals living in Japan.
But in our increasingly international world, this system is becoming more relevant not only to foreign residents in Japan but also to foreign nationals who own property here.

  • Foreign residents in Japan can use the guardianship system
  • The Family Court may apply protective measures, depending on legal conditions
  • Even people living overseas may be subject to guardianship for their Japanese property in exceptional cases

If you have elderly family members or relatives with declining decision-making abilities—and if they have property in Japan—it may bring you peace of mind just to know this system exists.

When necessary, applications and decisions are made by the Family Court.
For more information, consider contacting your local Family Court or legal support services.

(References）

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