후견계약 공정증서양식에 관한 고찰

Abstract

The new adult guardianship system including the contractual guardianship system was in force 1. July, 2013 in South Korea. The contractual guardianship is a system for notarized concluding a guardianship contract. It aims to prepare for a time when the capacity to make a decision of the principal has become insufficient and when it is actually insufficient. The mandatory has powers of representation and decision-making of personal affairs, especially the consent to medical treatments and for guardian works. These works are concerning management of estate and personal affairs, medical treatments and cares. The contractual guardianship must be notarized and it can begin with the supervision by supervisor, who may be appointed by the Family Court. The Notary clarifies the right or legal relation between private persons and has the function to preprevent civil disputes in the future. As notarizing concluding of a contractual guardianship contract, notaries may have an interview in person to determine whether the principal has the mental capacity to make the decision about the contract and the intention to enter into the contract. It is important issues to note in this paper, how to improve notarial procedures, and what should be the notarial form for potential user of guardian contract. Several notarial format are examined and a new format is suggested. There are alsa necessities for the legislation of the revisions in the Civil law and Well-dying Act.