By Chung Ah-young
The elderly population in Korea has been rapidly increasing in recent years, pushing up demand for adult guardianship for senior citizens incapable of caring for themselves or making proper decisions for themselves due to Alzheimer’s or other mental or physical problems.
The “guardianship system for adults” was introduced in 2013 in order to give a guardian the legal authority to make decisions regarding medical treatments and welfare as well as management of properties on behalf of the elderly or disabled who cannot take care of their own interests.
According to the Seoul Family Court, the number of applicants for adult guardianship has reached 1,300 since the program’s inception two years and five months ago. More than half of the applications have been for senior citizens suffering from Alzheimer’s. Among them, the court accepted 731 applications.
According to a recent book, “Understanding and Use of Adult Guardianship,” writer and lawyer Lee Hyun-gon said that Korean society is rapidly aging, causing dramatic changes in social structure and family trends, which accelerate the demand for adult guardianship.
“These days, not many children are willing to serve their parents when they get old and the family bond is weakening,” he said. “Families are becoming reluctant to take care of the disabled or the elderly suffering dementia. In this situation, the guardianship system is inevitable to better protect such people within the legal system.”
There are broadly two kinds of guardianships ― a private guardian which the ward appoints voluntarily before losing mental functions, and a legal guardian appointed by a court.
If a petition is filed for guardianship, the court reviews a medical doctor’s evaluation of the ward’s mental and physical health conditions and then appoints a guardian and decides on the scope of guardianship.
The ward’s family, friends or experts such as lawyers and social workers can apply for guardianship. According to a recent survey, 87 percent of guardians are family members of their wards, while 6.4 percent are experts such as lawyers or social workers.
Recently, the guardianship system has been drawing attention as the younger sister of Shin Kyuk-ho, Lotte founder and general chairman, 94, filed a petition with Seoul Family Court claiming that her brother needs a guardian, after raising questions about his mental state.
Shin’s mental and physical health has emerged as a key factor in the succession feud between his two sons ― Dong-joo and Dong-bin. He was known to have been diagnosed with Alzheimer’s a few years ago.
The court is reviewing the case to see whether Shin needs a guardian. It may ask the National Medical Center to examine his health, then ask his family members whether they all agree on the guardianship and decide on who will be appointed as guardian.