Please refer to the third page of this report. As much as remuneration of 8,016,800 yen, or
$74,783 has been paid to the lawyer appointed as guardian for the elderly grandmother for
just10 months period of guardianship.
Was this lawyer committed to his duty as guardian to receive such a huge amount of remuneration in return for generating benefits for the ward?
NO. After reaching reconciliation among family members, this elderly grandmother
consequently achieved 9.36 million yen, which in other words, inflated her financial assets.
In Japan, remuneration that guardian receives is determined by up and down of the ward’s
Was this old lady wealthy enough to lift the price of remuneration?
NO. According to lists of her financial assets, she owned approximately 40 million yen, which
never leads up to such a huge amount of remuneration for guardian.
Let’s look up how the basic remuneration is calculated.
Osaka family court explains that if total assets that guardians supervise is within the range
of 10 to 50 million yen, guardians receive roughly 30,000 to 40,000 yen on a monthly basis while they gain 50,000 to 60,000 if exceeds 50 million yen. So, 50 million seems to be a threshold to calculate remuneration.
Despite the fact that this elderly grandmother owned less than 50 million yen in assets, the lawyer earned 700,000 yen annually. It is obvious that higher matrix was employed to
calculate the remuneration. (Calculation in this case is totally different from the publicly
Next, let’s examine the additional remuneration.
Again, Osaka family court remarks that if adult guardians do something extra jobs as
described on the documents explaining provisions of remuneration, additional remuneration
may be paid in proportion to their volume of extra works. As this explanation is vague, let
me cite other example more specifically explained by the Yokohama Family Court; Suppose,
Case Study:￥8 million, or $75,000 Remuneration Paid to Guardian 2
for example, there is a case in which the ward suffers the damage from illegal action, and
then the guardian sues the person caused damage, demanding 10 million yen in
compensation. If the ward wins the case and compensation is paid to the ward, it means the
ward’s financial assets expand by 10 million yen. Under such scenario, approximately
800,000 to 1.5 million yen will be paid to the guardian as additional remuneration in return
for filing for the lawsuit on behalf of the ward.
If this Yokohama court standard is applied to the elderly grandmother’s case who received
9.36 million yen in settlement, the amount of remuneration that her guardian obtains should be between 80,000 to 1.5 million yen. But the reality is Osaka court handed down the remuneration of 8,016,800 yen, which has an extra digit. (Such irrational decision is
intolerable!) How come is it possible?
In fact, this Guardianship lawyer shamelessly snatched this windfall gains without any
Even before settlement money was paid to her bank account, excitedly his saying to the
family members that he thought too it had an extra digit than standard, but it was the
amount admitted by the court ruling! (In this case, the trial was closed after the
grandmother’s death. Under such situation, the law requires the guardian to claim
additional remuneration to the heirs of the ward, but he didn’t observe this basic rule.)
Who should be blamed is
The lawyer as a guardian who snatched money?
Presiding judge Ms.Kyoko Mishima who allowed the guardian to do so?
What family members of the deceased elderly lady are demanding is unreasonable?
What do you think of this case? I would like to leave that on your judgement.
At any rate, I wonder how this grandmother, who was born in 1919 , is feeling in the heaven,
watching that her money was ripped off in such an irrational manner. Her soul must be in
deep grief and sorrow. This is exactly what happened under the Adult Guardianship System
in Japan. Would you still recommend guardianship? Please think about for whom this system
exists. We must revisit how to operate this system.
October 23, 2019
This report was translated from one of the articles written by Mr. Koji Miyauchi, The representative of general incorporated association, Koken no Mori )
With deep appreciation to Mr. Koji Miyauchi,
Special thanks to Tokuko and Keiko of Team TK for translation.
The discrimination against the wards of guardianship in Japan has been hidden under the table.
We hope the ward and his/her family will be able to be free from the situation, who are being tied up with the unacceptable ropes by family court and attorney.