Adult guardianship is a system by which a court appoints a guardian to protect adults whose decision-making capacity has declined due to dementia, developmental disabilities, mental illness, stroke, or other conditions (Civil Act Article 9). Atlas Legal has handled numerous full and limited guardianship petitions before the Incheon Family Court, and provides one-stop support from initial consultation through petition drafting, court hearing representation, and guardianship registration.
Guardianship type depends on the degree of incapacity. Full guardianship (Civil Act Article 9) applies where capacity is continuously lacking; limited guardianship (Civil Act Article 12) where capacity is merely insufficient; specific guardianship (Civil Act Article 14-2) where representation is needed for a temporary or specific matter only. Voluntary guardianship (Civil Act Article 959-14) allows a person to designate their own guardian in advance while still having capacity.
In urgent cases where asset misappropriation is imminent, we pursue preliminary dispositions and injunctions for rapid response. We also guide clients on welfare benefits and vouchers for people with developmental disabilities and elderly persons after guardianship commences. From filing to final ruling, proceedings typically take three to six months.
Where decision-making capacity is continuously lacking. The guardian comprehensively represents the ward in property management and personal care. Full representation from medical documentation through Incheon Family Court petition, hearing, and final ruling (Civil Act Article 9)
Where capacity is insufficient rather than absent. The guardian assists within the scope defined by the court. Developmental disabilities, mental illness, mild dementia, and similar conditions. Maximum preservation of the ward’s right to self-determination (Civil Act Article 12)
Where guardianship is needed only for a temporary or specific matter — real estate sale, medical consent, etc. The petition specifies a limited duration and scope of authority. The guardianship terminates automatically upon conclusion (Civil Act Article 14-2)
A mechanism allowing a person to designate their own guardian while still having full capacity. A notarial deed is mandatory. When capacity becomes insufficient, the court appoints a voluntary guardianship supervisor. Recommended for persons aged 60 and above (Civil Act Article 959-14)
Applications to replace unsuitable guardians, and to appoint new guardians upon a guardian’s death or resignation. Emergency removal petitions and court hearing representation where abuse of authority or asset misappropriation is suspected
Preliminary dispositions and injunctions for rapid response where an elderly person with dementia or others face imminent risk of asset misappropriation. Preventing harm before guardianship commences. Coordination of welfare benefit and voucher receipt for persons with developmental disabilities
Limited guardianship commenced for a 90-year-old with dementia — expert assessment confirmed the need for assistance with tasks requiring high-level cognitive function
Interim guardian designated — Imminent deadline for limited acceptance of inheritance; waiver of appeal resulted in the order becoming final on the day of receipt
Full guardianship commenced — Two separate cases: complete immobility following cerebral infarction, and complete immobility due to Parkinson’s disease
Multiple property management authorizations — Sale of real estate share subject to land transaction permit; authorization to lease; lease and debt repayment from deposit; lease and creation of collateral mortgage; sale of shares