{"id":2091,"date":"2026-10-13T07:32:27","date_gmt":"2026-10-13T07:32:27","guid":{"rendered":"https:\/\/atlaw.kr\/en-blog\/voluntary-guardianship-contract-south-korea\/"},"modified":"2026-10-13T07:32:36","modified_gmt":"2026-10-13T07:32:36","slug":"voluntary-guardianship-contract-south-korea","status":"publish","type":"post","link":"https:\/\/atlaw.kr\/en-blog\/voluntary-guardianship-contract-south-korea\/","title":{"rendered":"Voluntary Guardianship Contracts in South Korea: When They Take Effect and When Court-Ordered Guardianship Overrides Them"},"content":{"rendered":"<p><!--  -->\n\n\n\n<!--  --><\/p>\n<p><!-- ATLAS_SEO_BLOCK_START --><br \/>\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"Article\",\"@id\":\"https:\/\/atlaw.kr\/en-blog\/voluntary-guardianship-contract-south-korea\/#article\",\"mainEntityOfPage\":{\"@type\":\"WebPage\",\"@id\":\"https:\/\/atlaw.kr\/en-blog\/voluntary-guardianship-contract-south-korea\/#webpage\"},\"headline\":\"Voluntary Guardianship Contracts in South Korea: When They Take Effect and When Court-Ordered Guardianship Overrides Them\",\"description\":\"Under South Korean law, a voluntary guardianship contract made by notarial deed and registered takes effect only when the family court appoints a supervisor, and even a registered contract gives way to court-ordered guardianship where the principal's interests specially require it.\",\"datePublished\":\"2026-10-13T09:00:00+09:00\",\"dateModified\":\"2026-10-13T09:00:00+09:00\",\"inLanguage\":\"en-US\",\"author\":{\"@type\":\"Person\",\"@id\":\"https:\/\/atlaw.kr\/soyoung-park\/#person\",\"name\":\"Soyoung Park\",\"alternateName\":\"\ubc15\uc18c\uc601\",\"jobTitle\":\"Representative Attorney\",\"worksFor\":{\"@id\":\"https:\/\/atlaw.kr\/#legalservice\"}},\"publisher\":{\"@type\":\"LegalService\",\"@id\":\"https:\/\/atlaw.kr\/#legalservice\",\"name\":\"Atlas Legal\",\"url\":\"https:\/\/atlaw.kr\"},\"about\":[\"Voluntary guardianship contracts under the Korean Civil Act\",\"Article 959-14 of the Korean Civil Act: when a guardianship contract takes effect\",\"Article 959-20 of the Korean Civil Act: priority of voluntary guardianship\",\"Appointment of a supervisor of the voluntary guardian in South Korea\",\"Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision)\",\"Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)\"]}<\/script><br \/>\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"@id\":\"https:\/\/atlaw.kr\/en-blog\/voluntary-guardianship-contract-south-korea\/#faqpage\",\"inLanguage\":\"en-US\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Does a voluntary guardianship contract take effect in South Korea as soon as it is notarized?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"No. A guardianship contract must be made by notarial deed (Article 959-14(2) of the Korean Civil Act), but it takes effect only when the family court appoints a supervisor of the voluntary guardian (Article 959-14(3)). The court appoints a supervisor when the contract is registered and the principal is found to lack sufficient capacity to handle his or her affairs (Article 959-15(1)), so registration and an application for a supervisor must follow the notarial deed.\"}},{\"@type\":\"Question\",\"name\":\"Can a registered guardianship contract stop family members from obtaining adult guardianship in South Korea?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"As a rule, yes, but not always. Where a guardianship contract is registered, the family court may order adult, limited or specific guardianship only when it is specially necessary for the principal's interests (Article 959-20(1)). The Supreme Court of Korea held that court-ordered guardianship may be started where, considering the content of the contract, whether the voluntary guardian is unfit for the role, the degree of the principal's mental limitation and all other circumstances, guardianship under the contract is not enough to protect the principal (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).\"}},{\"@type\":\"Question\",\"name\":\"Is it still worth signing a guardianship contract after relatives have already petitioned for adult guardianship?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"The rule still applies in principle. The Supreme Court of Korea held that Article 959-20(1) applies even where the contract is registered after a petition for court-ordered guardianship was filed but before the ruling became final (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)). However, the Seoul Family Court found that signing and registering a contract only after guardianship proceedings had begun is highly open to abuse (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)), and family courts have dismissed applications for a supervisor because the principal could not be seen to have signed the contract of his or her own free and genuine will (Seoul Western District Court, October 2, 2019, 2018Gahap40525; Seoul High Court, November 13, 2024, 2024Na2012451).\"}},{\"@type\":\"Question\",\"name\":\"What if the designated guardian disposes of the principal's property before a supervisor is appointed?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"At that stage the contract has no effect, so the designated person is not the principal's legal representative (Seoul High Court, November 13, 2024, 2024Na2012451). A Korean court also held that the conflict-of-interest rule for guardians does not apply (Suwon District Court, November 15, 2022, 2021Gadan573717; Suwon District Court, December 14, 2023, 2022Na104089). The transaction can then be challenged only under general rules such as mental capacity or public policy. In one case where the designated guardian embezzled the principal's money, the court held a testamentary gift to that person void as contrary to public policy under Article 103 of the Civil Act (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172).\"}},{\"@type\":\"Question\",\"name\":\"Can the principal withdraw from a guardianship contract in South Korea?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Before a supervisor is appointed, the principal or the voluntary guardian may withdraw at any time by a writing authenticated by a notary. After a supervisor is appointed, the contract can be terminated only for justifiable cause and with the family court's permission (Article 959-18).\"}},{\"@type\":\"Question\",\"name\":\"Can a voluntary guardian who performs poorly be removed?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"After a supervisor is appointed, if the voluntary guardian commits serious misconduct or otherwise becomes unfit for the role, the family court may remove the guardian on the application of the supervisor, the principal, a relative, a public prosecutor or the head of a local government (Article 959-17(2)). We found no published Supreme Court decision ruling directly on such a removal. In a case on replacing an adult guardian, however, the Supreme Court of Korea held that family disputes or conflict alone should not readily be treated as grounds for replacement (Supreme Court of Korea, February 4, 2021, 2020Seu647 (decision)).\"}},{\"@type\":\"Question\",\"name\":\"Is a power of attorney notarized abroad recognized as a guardianship contract in South Korea?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"The Seoul High Court treated a medical power of attorney executed and notarized in the United States as a guardianship contract under the Korean Civil Act, but held it ineffective as such because it was not registered and no supervisor had been appointed. It also held that the document could not take effect as an ordinary mandate independent of a supervisor's appointment (Seoul High Court, November 13, 2024, 2024Na2012451). Anyone planning for incapacity in South Korea should consider making and registering a guardianship contract under Korean procedures.\"}}]}<\/script><br \/>\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":[\"LegalService\",\"LocalBusiness\"],\"@id\":\"https:\/\/atlaw.kr\/#legalservice\",\"name\":\"Atlas Legal\",\"alternateName\":[\"\ubc95\ubb34\ubc95\uc778 \uc544\ud2c0\ub77c\uc2a4\",\"Atlas Law Firm\"],\"url\":\"https:\/\/atlaw.kr\/en\/home-en\/\",\"telephone\":\"+82-32-864-8300\",\"email\":\"info@atlaw.kr\",\"priceRange\":\"$$$\",\"address\":{\"@type\":\"PostalAddress\",\"streetAddress\":\"B-2901, 323 Incheon Tower-daero\",\"addressLocality\":\"Yeonsu-gu, Incheon\",\"addressRegion\":\"Incheon Metropolitan City\",\"postalCode\":\"22007\",\"addressCountry\":\"KR\"},\"geo\":{\"@type\":\"GeoCoordinates\",\"latitude\":37.399438,\"longitude\":126.629812},\"openingHoursSpecification\":[{\"@type\":\"OpeningHoursSpecification\",\"dayOfWeek\":[\"Monday\",\"Tuesday\",\"Wednesday\",\"Thursday\",\"Friday\"],\"opens\":\"09:00\",\"closes\":\"18:00\"}],\"areaServed\":[{\"@type\":\"Country\",\"name\":\"South Korea\"},{\"@type\":\"Place\",\"name\":\"Songdo International Business District\"},{\"@type\":\"Place\",\"name\":\"Cheongna International City\"},{\"@type\":\"Place\",\"name\":\"Yeongjong International City\"},{\"@type\":\"Place\",\"name\":\"Incheon\"},{\"@type\":\"Place\",\"name\":\"Seoul Metropolitan Area\"},{\"@type\":\"Place\",\"name\":\"Incheon Free Economic Zone (IFEZ)\"}],\"knowsAbout\":[\"Adult Guardianship in South Korea\",\"Voluntary Guardianship Contracts in South Korea\",\"Incapacity and Estate Planning in South Korea\",\"Korean Family Court Proceedings\",\"Inheritance Disputes in South Korea\",\"Legal Services for Foreign Residents in South Korea\",\"Incheon Free Economic Zone (IFEZ) Legal Services\"],\"serviceType\":[\"Guardianship Proceedings\",\"Family Law Disputes\",\"Inheritance Disputes\",\"Civil Litigation\",\"Legal Services for Foreign Residents\"]}<\/script><br \/>\n<!-- ATLAS_SEO_BLOCK_END --><\/p>\n<style>@import url('https:\/\/cdn.jsdelivr.net\/gh\/orioncactus\/pretendard@v1.3.9\/dist\/web\/static\/pretendard.css'); 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} .hero-info { font-size: 12px; } .content { padding: 28px 0 60px; } .toc-nav { margin-left: -14px; margin-right: -14px; border-radius: 0; border-left: none; border-right: none; padding: 12px 4px; margin-bottom: 28px; } .toc-label { font-size: 16px; } .toc-nav ol li { font-size: 14px; padding: 3px 0; } h2 { font-size: 20px; margin: 44px 0 10px; } h3 { font-size: 15px; margin: 24px 0 8px; } .lead-text { font-size: 16px; } .summary-text { font-size: 15px; } .context-text { font-size: 14px; } .formula { flex-direction: column; padding: 16px 12px; } .f-num { font-size: 18px; } th { font-size: 13px; padding: 8px 10px; } td { font-size: 13px; padding: 8px 10px; } .faq-q { font-size: 14px; } .faq-item p:not(.faq-q) { font-size: 14px; } .author-box { display: block; overflow: hidden; } .author-avatar { float: left; width: 36px; height: 36px; margin-right: 10px; border-radius: 50%; } .author-section-label { display: inline; font-size: 11px; letter-spacing: 0; margin: 0 3px 0 0; } .author-name { display: inline; font-size: 14px; } .author-detail { clear: both; font-size: 13px; line-height: 1.55; margin-top: 8px; margin-bottom: 1px; } .author-detail ~ .author-detail { clear: none; margin-top: 2px; } .author-link { clear: both; display: block; font-size: 13px; margin-top: 8px; } p.closing { font-size: 14px; } }<\/style>\n<div class=\"hero\">\n  <span class=\"category-tag\">Family Law \u00b7 Guardianship<\/span><\/p>\n<div class=\"hero-title\">Voluntary Guardianship Contracts in South Korea<br \/>When They Take Effect and When Court-Ordered Guardianship Overrides Them<\/div>\n<div class=\"hero-meta\">\n<div class=\"hero-info\">\n      <strong>Soyoung Park<\/strong> \u00b7 Representative Attorney, Atlas Legal<br \/>\n      Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision) &nbsp;\u00b7&nbsp; Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)\n    <\/div>\n<\/p><\/div>\n<\/div>\n<div class=\"content\">\n<div class=\"direct-answer\">\n    <strong>Key answer:<\/strong> Under South Korean law, a voluntary guardianship contract must be made by notarial deed and registered, and it takes effect only when the family court appoints a supervisor of the voluntary guardian after the principal&#8217;s capacity has declined (Article 959-14 of the Korean Civil Act). A registered contract takes priority over court-ordered guardianship, but the family court may still order adult or limited guardianship where it is specially necessary for the principal&#8217;s interests, and the contract then ends whether or not a supervisor was ever appointed (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).\n  <\/div>\n<div class=\"toc-nav\">\n<p class=\"toc-label\">Contents<\/p>\n<ol>\n<li><a href=\"#sec-1\">1. How does voluntary guardianship differ from adult guardianship?<\/a><\/li>\n<li><a href=\"#sec-2\">2. How is a guardianship contract made, and when does it take effect?<\/a><\/li>\n<li><a href=\"#sec-3\">3. What are the risks before a supervisor is appointed?<\/a><\/li>\n<li><a href=\"#sec-4\">4. Can a family court refuse a registered guardianship contract?<\/a><\/li>\n<li><a href=\"#sec-5\">5. Can a guardianship contract block a family member&#8217;s petition for adult guardianship?<\/a><\/li>\n<li><a href=\"#sec-6\">6. What happens to the contract when court-ordered guardianship begins?<\/a><\/li>\n<li><a href=\"#sec-7\">7. Can the designated guardian be replaced or the contract ended?<\/a><\/li>\n<li><a href=\"#sec-8\">8. What should you check when making a guardianship contract?<\/a><\/li>\n<li><a href=\"#sec-9\">9. What does this mean for foreign residents in IFEZ?<\/a><\/li>\n<li><a href=\"#sec-10\">10. Frequently asked questions<\/a><\/li>\n<\/ol><\/div>\n<p class=\"lead-text\">Can you decide in advance, while your judgment is still sound, that a person you trust will manage your property and medical matters if your capacity declines? The Korean Civil Act provides for this through the guardianship contract, known as voluntary guardianship. Unlike adult guardianship, where the family court chooses the guardian, the principal personally chooses the guardian and the scope of the tasks entrusted.<\/p>\n<p class=\"summary-text\">Korean case law, however, includes several cases in which a notarized guardianship contract never took effect when it was needed, or ended because relatives obtained adult or limited guardianship instead. This article explains, in the order the cases unfold, when a guardianship contract takes effect, what risks exist before it does, and what happens when it collides with court-ordered guardianship.<\/p>\n<p class=\"context-text\">This article reviews three Supreme Court decisions on voluntary guardianship (including one cited for reference), one Constitutional Court decision, six lower-court judgments and decisions, and the relevant statutes, all checked against the original texts. It is relevant to adult children planning for an aging parent, to anyone considering a guardianship contract, and to families already in a guardianship dispute in South Korea.<\/p>\n<p><\/p>\n<h2 id=\"sec-1\">How does voluntary guardianship differ from adult guardianship?<\/h2>\n<p class=\"lead-text\">In voluntary guardianship, the principal decides by contract who will act as guardian and what will be entrusted. In court-ordered guardianship (adult, limited or specific guardianship), the family court starts the guardianship by a ruling and chooses the guardian. The Constitutional Court of Korea explained that the Civil Act allows even people who currently have no mental limitation to use the guardianship system in preparation for a future decline in mental capacity, and divides guardianship into court-ordered and voluntary guardianship (Constitutional Court of Korea, December 27, 2019, 2018Hun-Ba161).<\/p>\n<p>Article 959-14(1) of the Korean Civil Act defines a guardianship contract as one by which a person, in preparation for a situation in which he or she lacks or will lack sufficient capacity to handle affairs due to a mental limitation caused by illness, disability, old age or other reasons, entrusts all or part of the management of his or her property and personal care to another person and grants that person power of representation for the entrusted affairs. The family court, the voluntary guardian and the supervisor must respect the principal&#8217;s wishes to the fullest extent in carrying out the contract (Article 959-14(4)).<\/p>\n<table>\n<thead>\n<tr>\n<th>Item<\/th>\n<th>Court-ordered guardianship (adult, limited, specific)<\/th>\n<th>Voluntary guardianship (guardianship contract)<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>How it starts<\/td>\n<td>Family court ruling<\/td>\n<td>Contract made by the principal + family court&#8217;s appointment of a supervisor (Article 959-14(3))<\/td>\n<\/tr>\n<tr>\n<td>Who chooses the guardian<\/td>\n<td>The family court, respecting the principal&#8217;s wishes but also considering health, living conditions, assets and the candidate&#8217;s occupation and experience (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision))<\/td>\n<td>The principal; the other party to the contract becomes the voluntary guardian<\/td>\n<\/tr>\n<tr>\n<td>Scope of authority<\/td>\n<td>Set by the family court, which may also change the scope of the guardian&#8217;s legal representation and decision-making over personal matters (Supreme Court of Korea, February 4, 2021, 2020Seu647 (decision))<\/td>\n<td>Set by the contract; the scope is recorded in the guardianship register as a list (Act on Registration of Guardianship, Article 26)<\/td>\n<\/tr>\n<tr>\n<td>Supervision<\/td>\n<td>Family court (Supreme Court of Korea, February 4, 2021, 2020Seu647 (decision))<\/td>\n<td>A supervisor oversees the voluntary guardian and reports regularly to the family court (Article 959-16(1))<\/td>\n<\/tr>\n<tr>\n<td>Relationship<\/td>\n<td colspan=\"2\">If a guardianship contract is registered, court-ordered guardianship is available only when specially necessary for the principal&#8217;s interests (Article 959-20(1))<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><\/p>\n<h2 id=\"sec-2\">How is a guardianship contract made, and when does it take effect?<\/h2>\n<p class=\"lead-text\">It must be made by notarial deed and registered, and it takes effect only when the family court appoints a supervisor after the principal&#8217;s capacity has become insufficient. Notarization alone does not make it effective (Article 959-14(2) and (3)).<\/p>\n<ol>\n<li>Notarial deed: a guardianship contract must be made by notarial deed (Article 959-14(2)).<\/li>\n<li>Registration: the voluntary guardian applies to register the contract (Act on Registration of Guardianship, Article 20(2)). If the scope of the guardian&#8217;s authority is defined, it is recorded as a list (Article 26(1)(4) and (2) of the same Act). Only a registered contract limits court-ordered guardianship (Article 959-20(1) of the Civil Act).<\/li>\n<li>Application for a supervisor: once the principal is found to lack sufficient capacity, the principal, spouse, relatives within the fourth degree, the voluntary guardian, a public prosecutor or the head of a local government may apply. If someone other than the principal applies, the principal&#8217;s prior consent is required unless the principal cannot express his or her intention (Article 959-15(1) and (2)). The family court for the principal&#8217;s domicile has jurisdiction (Family Litigation Act, Article 44(1)(1-2)).<\/li>\n<li>Effect: the contract takes effect when the family court appoints the supervisor (Article 959-14(3)).<\/li>\n<li>Guardianship and supervision: the voluntary guardian handles affairs under the contract, and the supervisor oversees the guardian and reports regularly to the family court (Article 959-16(1)).<\/li>\n<\/ol>\n<h3>What about a power of attorney notarized abroad?<\/h3>\n<p>In a case involving a medical power of attorney executed and notarized in Washington State in the United States, the Seoul High Court held that the document, which granted authority over medical and personal matters in case the principal became incapacitated, was a guardianship contract under Article 959-14(1). It went on to hold that because the document had not been registered, no supervisor had been appointed, and the Civil Act&#8217;s protective rules could therefore not apply, it had no effect as a guardianship contract, nor could it take effect as an ordinary mandate independent of a supervisor&#8217;s appointment (Seoul High Court, November 13, 2024, 2024Na2012451). The court also found that the document had been drafted on the premise that the authority would be exercised in the United States, so the ruling should not be read as a general statement about all foreign powers of attorney.<\/p>\n<p><\/p>\n<h2 id=\"sec-3\">What are the risks before a supervisor is appointed?<\/h2>\n<p class=\"lead-text\">Even after a guardianship contract is signed and registered, it has no effect until a supervisor is appointed, and the designated guardian is not the principal&#8217;s legal representative. The Seoul High Court stated that before a supervisor is appointed, the voluntary guardian cannot be regarded as the principal&#8217;s legal representative (Seoul High Court, November 13, 2024, 2024Na2012451). The checks on the guardian therefore do not yet operate.<\/p>\n<p>Once the contract takes effect, things change. The supervisor oversees the voluntary guardian and reports regularly to the family court (Article 959-16(1)), and where the interests of the voluntary guardian and the principal conflict, the supervisor represents the principal (Article 959-16(3); Seoul High Court, November 13, 2024, 2024Na2012451).<\/p>\n<h3>A caregiver who registered as guardian and then bought the principal&#8217;s property<\/h3>\n<p>A person who had worked as the principal&#8217;s caregiver since around 2011 signed a guardianship contract with the principal by notarial deed on October 4, 2019, and registered it with the family court on October 23, 2019. No supervisor was appointed. The court found the following sequence (Suwon District Court, November 15, 2022, 2021Gadan573717).<\/p>\n<table>\n<thead>\n<tr>\n<th>Date<\/th>\n<th>Event<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>June 22, 2016<\/td>\n<td>The principal made a first will by notarial deed, naming an heir (the plaintiff) as executor and leaving properties to the daughter, the plaintiff, a nephew and others<\/td>\n<\/tr>\n<tr>\n<td>June 2017<\/td>\n<td>Emergency room visit for a cerebral infarction; Mini-Mental State Examination (MMSE) scores of 14 on June 14 and 28 on June 21<\/td>\n<\/tr>\n<tr>\n<td>October 2019<\/td>\n<td>Guardianship contract with the caregiver notarized and registered; no supervisor appointed<\/td>\n<\/tr>\n<tr>\n<td>Around September 2020<\/td>\n<td>The caregiver moved into the property where the principal lived<\/td>\n<\/tr>\n<tr>\n<td>May 21, 2021<\/td>\n<td>The principal revoked the first will in full and, by a second notarial will, left the property to the caregiver, described as &#8220;voluntary guardian and caregiver&#8221;<\/td>\n<\/tr>\n<tr>\n<td>June 3, 2021<\/td>\n<td>The caregiver sent KRW 950 million to the principal&#8217;s account and bought the property; ownership was registered the next day<\/td>\n<\/tr>\n<tr>\n<td>July 5, 2021<\/td>\n<td>The heir (the plaintiff) petitioned for adult guardianship of the principal<\/td>\n<\/tr>\n<tr>\n<td>October 5, 2021<\/td>\n<td>The principal died<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>After the principal&#8217;s death, the heir sued, as an heir, to cancel the caregiver&#8217;s ownership registration for a one-half share of the property. The heir argued that the principal lacked mental capacity because of dementia, that the sale was a conflict-of-interest transaction between guardian and principal, and that it was a sham sale disguising a gift (Suwon District Court, November 15, 2022, 2021Gadan573717).<\/p>\n<p>The court rejected all three arguments. On the conflict-of-interest argument, it held that the caregiver bought the property in the caregiver&#8217;s own right rather than representing the principal as guardian, and above all that, because no supervisor had been appointed when the sale was made, the contract had not taken effect and Article 949-3 of the Civil Act (the conflict-of-interest rule for guardians) could not apply (Suwon District Court, November 15, 2022, 2021Gadan573717).<\/p>\n<p>On mental capacity, the court acknowledged that the principal had scored 14, in the dementia range, on June 14, 2017, but found it hard to conclude that the principal lacked capacity, considering the following (Suwon District Court, November 15, 2022, 2021Gadan573717).<\/p>\n<ul>\n<li>MMSE scores of 28 a week later, on June 21, 2017, and 26 on July 9, 2021, after the sale<\/li>\n<li>The treating physician&#8217;s statement to investigators that the principal could hardly be regarded as being in a state of severe dementia<\/li>\n<li>A functional assessment prepared after the sale recording that the principal could manage all finances alone<\/li>\n<li>A statement by an employee of the notary&#8217;s office that prepared the second will that the principal had been very meticulous and reviewed it character by character<\/li>\n<li>The principal&#8217;s statement after the sale of an intention to give the caregiver one third of the estate<\/li>\n<\/ul>\n<p>The court also rejected the sham-sale argument, noting that the caregiver had cashed in time deposits and other assets totaling about KRW 708.78 million before sending KRW 950 million to the principal, so the purchase price could not be regarded as a gift from the principal. A criminal complaint the heir filed against the caregiver for forgery of private documents and other offenses ended with no charges: the police declined to refer the case and the prosecutor declined to indict, both for lack of evidence of a crime. The appellate court adopted the first-instance reasoning in full and dismissed the appeal (Suwon District Court, November 15, 2022, 2021Gadan573717; Suwon District Court, December 14, 2023, 2022Na104089).<\/p>\n<p>The judgment does not mean that the gift or the sale was improper. The court found that the principal had capacity, and the criminal complaint ended without charges. It does show, however, that during the gap before a supervisor is appointed there is no mechanism to screen a bequest and a sale to the designated guardian made within two weeks of each other, and that they can later be challenged only under general rules such as mental capacity.<\/p>\n<h3>A designated guardian who took the principal&#8217;s assets after the supervisor application was dismissed<\/h3>\n<p>A case before the Suwon District Court, Yeoju Branch, was more extreme. On December 2, 2013, the principal, who had been admitted to a nursing hospital with Parkinson&#8217;s disease, signed a guardianship contract with a person who had offered to manage the principal&#8217;s property, and applied for the appointment of a supervisor that same month. The family court dismissed the application on November 25, 2014, and the appeal was dismissed on January 7, 2016. Around the time of the contract, however, the principal had handed that person the bankbooks, seal and debit card and disclosed the PIN. According to the court&#8217;s findings, the person embezzled KRW 140,819,619 of KRW 170 million in cash entrusted to that person and obtained title to an officetel by fraud, and was indicted and convicted for these acts (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172).<\/p>\n<p>After the principal&#8217;s death, the person sued the heirs on the basis of a notarial testamentary gift the principal had made in that person&#8217;s favor on May 26, 2014, and lost. Citing, among other things, that the guardianship contract had no effect at all because the family court had dismissed the application for a supervisor, the court held that the gift was so grossly unfair and unlawful that it went beyond a defect in intention and was void in itself as a juristic act contrary to public policy under Article 103 of the Civil Act (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172). It was the principal who applied for the supervisor, and the judgment made no separate finding on the principal&#8217;s mental state. The gift was void not because the principal lacked testamentary capacity but because it was an act contrary to public policy that formed part of the offenses (Article 103 of the Civil Act) (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172).<\/p>\n<p>The two cases teach the same lesson. Signing a guardianship contract does not immediately create supervision. If bankbooks and seals are handed over before the contract takes effect, property management begins without the supervision the contract contemplates.<\/p>\n<h3>What can family members do?<\/h3>\n<p>In the Suwon District Court case, the heir petitioned for adult guardianship a month after the sale, and the principal died before any ruling (Suwon District Court, November 15, 2022, 2021Gadan573717). Where a guardianship contract is registered, family members also have the option of applying for a supervisor. Not only the voluntary guardian but also the principal, spouse, relatives within the fourth degree, a public prosecutor or the head of a local government may apply when the principal lacks sufficient capacity (Article 959-15(1)). If someone other than the principal applies, however, the principal&#8217;s prior consent is required unless the principal cannot express his or her intention (Article 959-15(2)). Once a supervisor is appointed, the voluntary guardian&#8217;s affairs are supervised, and in transactions where the interests of the voluntary guardian and the principal conflict, the supervisor represents the principal (Article 959-16(3); Seoul High Court, November 13, 2024, 2024Na2012451).<\/p>\n<p><\/p>\n<h2 id=\"sec-4\">Can a family court refuse a registered guardianship contract?<\/h2>\n<p class=\"lead-text\">Yes. If the voluntary guardian falls under the disqualification grounds in Article 937, has committed serious misconduct, or is otherwise unfit for the tasks set in the contract, the family court will not appoint a supervisor (Article 959-17(1)). Without a supervisor, the contract never takes effect. Reported cases also include applications dismissed because it was doubtful whether the principal signed the contract of his or her own genuine will.<\/p>\n<table>\n<thead>\n<tr>\n<th>Source<\/th>\n<th>Background<\/th>\n<th>Family court&#8217;s ruling<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Facts found in Seoul Western District Court, October 2, 2019, 2018Gahap40525<\/td>\n<td>While a prosecutor&#8217;s petition for limited guardianship was pending and an interim guardian had been appointed for the principal, who had long been treated for schizophrenia, the principal signed a guardianship contract on December 14, 2017. The designated guardian applied for a supervisor on December 26, 2017<\/td>\n<td>Dismissed on May 16, 2018: although the principal personally signed and sealed the contract, it was hard to see that the principal signed it of the principal&#8217;s own free and genuine will. The principal died while the appeal was pending<\/td>\n<\/tr>\n<tr>\n<td>Facts found in Seoul High Court, November 13, 2024, 2024Na2012451<\/td>\n<td>After one child petitioned for adult guardianship on February 17, 2023, another child had a guardianship contract with the principal notarized on April 7, 2023, registered it on April 11, 2023, and applied for a supervisor on June 12, 2023<\/td>\n<td>Dismissed on April 17, 2024 on the ground that it was hard to see that the principal signed the contract of the principal&#8217;s own free and genuine will; on the same day the court ordered adult guardianship and appointed a nonprofit corporation as guardian. Appeals were pending at the time of the judgment<\/td>\n<\/tr>\n<tr>\n<td>Facts found in Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172<\/td>\n<td>Guardianship contract on December 2, 2013; supervisor application the same month<\/td>\n<td>Dismissed on November 25, 2014; appeal dismissed. The grounds do not appear in the judgment<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>A notarial deed does not by itself establish that the principal acted of his or her own genuine will. The Seoul Family Court accepted that the principal personally signed and sealed the contract, yet found it hard to see the contract as made of the principal&#8217;s free and genuine will. The first two cases share one feature: the contract was signed while court-ordered guardianship proceedings were already underway. We were unable to obtain the family court rulings themselves and describe them through the facts found in other judgments.<\/p>\n<p><\/p>\n<h2 id=\"sec-5\">Can a guardianship contract block a family member&#8217;s petition for adult guardianship?<\/h2>\n<p class=\"lead-text\">In principle, yes. Where a guardianship contract is registered, the family court may order adult, limited or specific guardianship only when it is specially necessary for the principal&#8217;s interests (Article 959-20(1)). The Supreme Court of Korea explained that this provision gives priority to the contract out of respect for the principal&#8217;s wishes under the principle of private autonomy, and allows court-ordered guardianship only exceptionally, when specially necessary for the principal&#8217;s interests (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision)). The Constitutional Court likewise described it as a safeguard that in principle limits a shift from voluntary to court-ordered guardianship (Constitutional Court of Korea, December 27, 2019, 2018Hun-Ba161).<\/p>\n<h3>Does the rule apply to contracts signed after a guardianship petition?<\/h3>\n<p>Yes. The Supreme Court held that Article 959-20(1) applies even where the contract is registered after a petition for limited guardianship was filed and before the ruling became final. In that situation the family court may order limited guardianship only when it finds this specially necessary for the principal&#8217;s interests (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision)). The Court later restated the rule as covering court-ordered guardianship generally, including adult, limited and specific guardianship (Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).<\/p>\n<h3>How is &#8220;specially necessary&#8221; assessed?<\/h3>\n<p>The Supreme Court held that it refers to a situation where, considering the following circumstances as a whole, guardianship under the contract is not sufficient to protect the principal and protection through court-ordered guardianship is found necessary (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).<\/p>\n<ul>\n<li>The content of the guardianship contract<\/li>\n<li>Whether the voluntary guardian named in the contract is unfit for the role<\/li>\n<li>The degree of the principal&#8217;s mental limitation<\/li>\n<li>All other circumstances surrounding the contract and the principal<\/li>\n<\/ul>\n<p>In the 2020Eu547 case, the first-instance and appellate courts in the limited guardianship proceedings found court-ordered guardianship permissible considering the principal&#8217;s current condition, the nature and size of the assets to be managed, and the property dispute between the principal&#8217;s siblings, and the Supreme Court agreed that special necessity was established (Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).<\/p>\n<h3>How is a contract signed in haste after a dispute arises viewed?<\/h3>\n<p>The 2017Seu515 case unfolded as follows. A family member petitioned for adult guardianship of the principal, and the first-instance court ordered limited guardianship. While the appeal was pending, the principal signed a guardianship contract on November 24, 2016, registered it on December 26, 2016, and applied for a supervisor on December 28. The principal&#8217;s side then argued that, because voluntary guardianship takes priority, the appellate proceedings had to be suspended (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)).<\/p>\n<p>The Seoul Family Court rejected this argument. It found that signing and registering a guardianship contract and applying for a supervisor only after guardianship proceedings are underway is highly open to abuse or misuse as a means of obstructing the court&#8217;s proper choice of a guardian and delaying the proceedings. Noting among other things that the contract was registered after the court had announced when it would close the hearing, the court found an intent to abuse the system to obstruct and delay the proceedings (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)).<\/p>\n<p>The court made two further points. The principal&#8217;s side had consistently argued that the principal did not lack capacity because of any mental limitation, yet the contract and supervisor application were premised on exactly such a limitation, which flatly contradicted that position. And the contract was made unilaterally and by surprise, without any exchange of views with the family, which cast serious doubt on whether it reflected the principal&#8217;s genuine will free of mental limitation and whether it served the principal&#8217;s interests. The court concluded that this was a case in which court-ordered guardianship was specially necessary for the principal&#8217;s interests (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)).<\/p>\n<p>In dismissing the re-appeal, the Supreme Court held that the principal needed protection through limited guardianship despite the registered contract. It noted, however, that while part of the lower court&#8217;s reasoning was not entirely appropriate, its conclusion was correct, and it did not separately rule on the argument concerning abuse of the voluntary guardianship system, finding that it did not affect the outcome (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision)). The finding of abuse is therefore that of the Seoul Family Court on appeal, not of the Supreme Court.<\/p>\n<table>\n<thead>\n<tr>\n<th>Case<\/th>\n<th>When the contract was signed<\/th>\n<th>Outcome<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision) (below: Seoul Family Court, January 13, 2017, 2016Beu30098 (decision))<\/td>\n<td>During the appeal after limited guardianship was ordered at first instance (November 24, 2016)<\/td>\n<td>Limited guardianship upheld; re-appeal dismissed<\/td>\n<\/tr>\n<tr>\n<td>Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)<\/td>\n<td>After the petition for limited guardianship, before the first-instance ruling (March 11, 2019)<\/td>\n<td>Limited guardianship ordered; contract ended<\/td>\n<\/tr>\n<tr>\n<td>Facts found in Seoul Western District Court, October 2, 2019, 2018Gahap40525<\/td>\n<td>While a prosecutor&#8217;s petition for limited guardianship was pending (December 14, 2017)<\/td>\n<td>Supervisor application dismissed; principal died during the appeal<\/td>\n<\/tr>\n<tr>\n<td>Facts found in Seoul High Court, November 13, 2024, 2024Na2012451<\/td>\n<td>After the petition for adult guardianship (April 7, 2023)<\/td>\n<td>Adult guardianship ordered; supervisor application dismissed (appeals pending at the time of the judgment)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>In all four cases, the petition for court-ordered guardianship came first, and the contract signed afterward had not taken effect as of the latest information available. A guardianship contract serves its purpose when it is made before any dispute arises, while the principal&#8217;s judgment is sound.<\/p>\n<p><\/p>\n<h2 id=\"sec-6\">What happens to the contract when court-ordered guardianship begins?<\/h2>\n<p class=\"lead-text\">It ends. The Supreme Court of Korea held that, even where a contract is registered, if court-ordered guardianship is ordered because of a special necessity for the principal&#8217;s interests, the contract ends when the principal becomes subject to the adult or limited guardianship ruling, regardless of whether a supervisor was appointed (Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)). The second sentence of Article 959-20(1) likewise provides that the contract ends when the principal becomes subject to an adult or limited guardianship ruling.<\/p>\n<table>\n<thead>\n<tr>\n<th>Date<\/th>\n<th>Event<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>December 6, 2017 \/ January 8, 2018<\/td>\n<td>The principal&#8217;s siblings (the applicant and an intervenor) each petitioned for limited guardianship<\/td>\n<\/tr>\n<tr>\n<td>March 11, 2019<\/td>\n<td>Guardianship contract naming the applicant as voluntary guardian (registered March 12; supervisor application March 15)<\/td>\n<\/tr>\n<tr>\n<td>April 1, 2019<\/td>\n<td>Limited guardianship ordered, with two guardians: the applicant (decisions on personal matters) and the Korea Adult Guardianship Support Center, a nonprofit corporation (consent and rescission rights over juristic acts and representation in property matters)<\/td>\n<\/tr>\n<tr>\n<td>May 7, 2020<\/td>\n<td>Limited guardianship ruling became final after the appeal and re-appeal were dismissed<\/td>\n<\/tr>\n<tr>\n<td>May 19, 2020<\/td>\n<td>Registration of the end of voluntary guardianship and of the limited guardianship<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>The applicant&#8217;s side argued that the registration ending the voluntary guardianship was improper, but the Supreme Court dismissed the special appeal, holding that the outcome was no different merely because no supervisor had been appointed. Its reasoning was that Article 959-20(1) limits court-ordered guardianship without requiring a supervisor to have been appointed (Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)). In short, once registered, a contract limits court-ordered guardianship even before a supervisor is appointed, but if court-ordered guardianship is ordered despite that limit, the contract ends at that point.<\/p>\n<p>In this case, the applicant who had been named voluntary guardian did become a limited guardian, but only for personal matters, while the nonprofit corporation took authority over property (Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)). Where family members are in a property dispute, one cannot expect the person named in the contract to end up managing the property.<\/p>\n<h3>What if the principal is already under court-ordered guardianship?<\/h3>\n<p>If the principal is already under adult, limited or specific guardianship, the family court must terminate the existing guardianship when it appoints a supervisor. If continuing adult or limited guardianship is found specially necessary for the principal&#8217;s interests, however, the court will not appoint a supervisor (Article 959-20(2)).<\/p>\n<p><\/p>\n<h2 id=\"sec-7\">Can the designated guardian be replaced or the contract ended?<\/h2>\n<p class=\"lead-text\">It depends on whether a supervisor has been appointed. Before the appointment, the principal or the voluntary guardian may withdraw the contract at any time by a writing authenticated by a notary. After the appointment, the contract can be terminated only for justifiable cause and with the family court&#8217;s permission (Article 959-18).<\/p>\n<table>\n<thead>\n<tr>\n<th>Situation<\/th>\n<th>What can be done<\/th>\n<th>Legal basis<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Before a supervisor is appointed<\/td>\n<td>The principal or the voluntary guardian may withdraw at any time by a writing authenticated by a notary<\/td>\n<td>Civil Act, Article 959-18(1)<\/td>\n<\/tr>\n<tr>\n<td>After a supervisor is appointed<\/td>\n<td>Termination for justifiable cause with the family court&#8217;s permission<\/td>\n<td>Civil Act, Article 959-18(2)<\/td>\n<\/tr>\n<tr>\n<td>Serious misconduct or unfitness of the voluntary guardian after appointment<\/td>\n<td>Removal by the family court on the application of the supervisor, the principal, a relative, a public prosecutor or the head of a local government<\/td>\n<td>Civil Act, Article 959-17(2)<\/td>\n<\/tr>\n<tr>\n<td>After the contract ends<\/td>\n<td>The voluntary guardian must apply to register the termination within three months of learning of it<\/td>\n<td>Act on Registration of Guardianship, Article 29(1)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>The extinction of the voluntary guardian&#8217;s power of representation cannot be asserted against a good-faith third party unless it is registered (Article 959-19). That is why the termination should be registered once the contract ends.<\/p>\n<h3>Is family conflict a ground for removal?<\/h3>\n<p>We found no published Supreme Court decision ruling directly on the removal of a voluntary guardian (search of the Korea Law Information Center and superlawyer as of October 13, 2026). A useful reference is a Supreme Court decision on replacing an adult guardian. In that decision, the Court referred to the grounds for removing a voluntary guardian (Article 959-17(2)) for comparison and held that family disputes or conflict alone should not readily be treated as grounds for replacing a guardian; there must be concrete circumstances showing that the conflict may harm the ward&#8217;s welfare and that replacing the guardian would resolve or ease the conflict and improve the ward&#8217;s welfare (Supreme Court of Korea, February 4, 2021, 2020Seu647 (decision)). Although that ruling concerns court-ordered guardianship, in a removal case for a voluntary guardian the issue is likely to be concrete circumstances showing unfitness for the role rather than family conflict as such.<\/p>\n<p><\/p>\n<h2 id=\"sec-8\">What should you check when making a guardianship contract?<\/h2>\n<h3>When and how to sign<\/h3>\n<ul>\n<li>Sign while your judgment is sound and before any family dispute arises. Contracts signed after court-ordered guardianship proceedings began have been viewed as possible abuse or found not to reflect the principal&#8217;s genuine will (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision); Seoul Western District Court, October 2, 2019, 2018Gahap40525; Seoul High Court, November 13, 2024, 2024Na2012451).<\/li>\n<li>Keep records showing your capacity at the time of signing. The Suwon District Court assessed capacity based on changes in MMSE scores, the treating physician&#8217;s statement, a functional assessment and a statement by notary office staff, among other things (Suwon District Court, November 15, 2022, 2021Gadan573717).<\/li>\n<li>Tell your family in advance. The Seoul Family Court cited the fact that the contract was made unilaterally and by surprise, without any exchange of views with the family, as a reason to doubt the principal&#8217;s genuine will (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)).<\/li>\n<li>Register promptly after notarization. Only a registered contract limits court-ordered guardianship (Article 959-20(1)).<\/li>\n<\/ul>\n<h3>Before the contract takes effect<\/h3>\n<ul>\n<li>Family members can also apply for a supervisor. If the principal&#8217;s capacity appears to have declined, the principal, spouse, relatives within the fourth degree and others may apply for the appointment of a supervisor and put supervision in place (Article 959-15(1)).<\/li>\n<li>Do not hand over bankbooks, seals or PINs before a supervisor is appointed. In a case where property management began without supervision, embezzlement and fraud followed (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172).<\/li>\n<li>During this period, the conflict-of-interest rule for guardians does not apply to transactions with the designated guardian (Suwon District Court, November 15, 2022, 2021Gadan573717). Large transactions are safer if reviewed by other family members or professionals.<\/li>\n<li>If you change your mind before a supervisor is appointed, you may withdraw at any time by a writing authenticated by a notary (Article 959-18(1)).<\/li>\n<\/ul>\n<p>Related articles may also help. Whether a will made by a person with dementia is valid is discussed in <a href=\"https:\/\/atlaw.kr\/en-blog\/is-a-will-by-dementia-patient-valid-in-south-korea-testamentary-capacity-analysis-atlas-legal\/\">Is a Will by a Dementia Patient Valid in South Korea?<\/a>, and how property received in return for caregiving is treated in inheritance is discussed in <a href=\"https:\/\/atlaw.kr\/en-blog\/legitime-caregiving-gift-exclusion-south-korea\/\">our article on caregiving gifts and the forced heirship (legitime) claim<\/a>.<\/p>\n<p><\/p>\n<h2 id=\"sec-9\">What does this mean for foreign residents in IFEZ?<\/h2>\n<p class=\"lead-text\">Foreign nationals living in the Incheon Free Economic Zone (IFEZ), including Songdo International Business District, Cheongna International City and Yeongjong International City, may need to plan for incapacity under Korean law, for example when their assets, medical care or family life are based in South Korea.<\/p>\n<ul>\n<li>A power of attorney or advance directive made abroad may not work in South Korea. The Seoul High Court held a U.S. medical power of attorney ineffective as a guardianship contract because it was not registered and no supervisor was appointed (Seoul High Court, November 13, 2024, 2024Na2012451).<\/li>\n<li>To rely on voluntary guardianship in South Korea, the contract must be made by Korean notarial deed and registered, and it takes effect only when the family court appoints a supervisor (Articles 959-14 and 959-15).<\/li>\n<li>Relatives living abroad should know that relatives within the fourth degree may apply for a supervisor (Article 959-15(1)), and that a registered contract limits court-ordered guardianship only up to the point where the principal&#8217;s interests specially require otherwise (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).<\/li>\n<\/ul>\n<p><\/p>\n<h2 id=\"sec-10\">Frequently asked questions<\/h2>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Does a voluntary guardianship contract take effect in South Korea as soon as it is notarized?<\/p>\n<p>A. No. A guardianship contract must be made by notarial deed (Article 959-14(2) of the Korean Civil Act), but it takes effect only when the family court appoints a supervisor of the voluntary guardian (Article 959-14(3)). The court appoints a supervisor when the contract is registered and the principal is found to lack sufficient capacity to handle his or her affairs (Article 959-15(1)), so registration and an application for a supervisor must follow the notarial deed.<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Can a registered guardianship contract stop family members from obtaining adult guardianship in South Korea?<\/p>\n<p>A. As a rule, yes, but not always. Where a guardianship contract is registered, the family court may order adult, limited or specific guardianship only when it is specially necessary for the principal&#8217;s interests (Article 959-20(1)). The Supreme Court of Korea held that court-ordered guardianship may be started where, considering the content of the contract, whether the voluntary guardian is unfit for the role, the degree of the principal&#8217;s mental limitation and all other circumstances, guardianship under the contract is not enough to protect the principal (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)).<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Is it still worth signing a guardianship contract after relatives have already petitioned for adult guardianship?<\/p>\n<p>A. The rule still applies in principle. The Supreme Court of Korea held that Article 959-20(1) applies even where the contract is registered after a petition for court-ordered guardianship was filed but before the ruling became final (Supreme Court of Korea, June 1, 2017, 2017Seu515 (decision); Supreme Court of Korea, July 15, 2021, 2020Eu547 (decision)). However, the Seoul Family Court found that signing and registering a contract only after guardianship proceedings had begun is highly open to abuse (Seoul Family Court, January 13, 2017, 2016Beu30098 (decision)), and family courts have dismissed applications for a supervisor because the principal could not be seen to have signed the contract of his or her own free and genuine will (Seoul Western District Court, October 2, 2019, 2018Gahap40525; Seoul High Court, November 13, 2024, 2024Na2012451).<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. What if the designated guardian disposes of the principal&#8217;s property before a supervisor is appointed?<\/p>\n<p>A. At that stage the contract has no effect, so the designated person is not the principal&#8217;s legal representative (Seoul High Court, November 13, 2024, 2024Na2012451). A Korean court also held that the conflict-of-interest rule for guardians does not apply (Suwon District Court, November 15, 2022, 2021Gadan573717; Suwon District Court, December 14, 2023, 2022Na104089). The transaction can then be challenged only under general rules such as mental capacity or public policy. In one case where the designated guardian embezzled the principal&#8217;s money, the court held a testamentary gift to that person void as contrary to public policy under Article 103 of the Civil Act (Suwon District Court, Yeoju Branch, October 11, 2023, 2023Gadan172).<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Can the principal withdraw from a guardianship contract in South Korea?<\/p>\n<p>A. Before a supervisor is appointed, the principal or the voluntary guardian may withdraw at any time by a writing authenticated by a notary. After a supervisor is appointed, the contract can be terminated only for justifiable cause and with the family court&#8217;s permission (Article 959-18).<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Can a voluntary guardian who performs poorly be removed?<\/p>\n<p>A. After a supervisor is appointed, if the voluntary guardian commits serious misconduct or otherwise becomes unfit for the role, the family court may remove the guardian on the application of the supervisor, the principal, a relative, a public prosecutor or the head of a local government (Article 959-17(2)). We found no published Supreme Court decision ruling directly on such a removal. In a case on replacing an adult guardian, however, the Supreme Court of Korea held that family disputes or conflict alone should not readily be treated as grounds for replacement (Supreme Court of Korea, February 4, 2021, 2020Seu647 (decision)).<\/p>\n<\/div>\n<div class=\"faq-item\">\n<p class=\"faq-q\">Q. Is a power of attorney notarized abroad recognized as a guardianship contract in South Korea?<\/p>\n<p>A. The Seoul High Court treated a medical power of attorney executed and notarized in the United States as a guardianship contract under the Korean Civil Act, but held it ineffective as such because it was not registered and no supervisor had been appointed. It also held that the document could not take effect as an ordinary mandate independent of a supervisor&#8217;s appointment (Seoul High Court, November 13, 2024, 2024Na2012451). Anyone planning for incapacity in South Korea should consider making and registering a guardianship contract under Korean procedures.<\/p>\n<\/div>\n<p class=\"closing\">This article summarizes Korean court decisions on voluntary guardianship based on published judgments, decisions and statutes, and is not legal advice for any particular case. The family court rulings described through the Seoul High Court judgment were under appeal at the time of that judgment, and we have not confirmed their final outcome. The content of guardianship contracts and the circumstances of principals and families differ from case to case, so please consult Atlas Legal about your specific situation.<\/p>\n<div class=\"author-box\">\n    <img decoding=\"async\" class=\"author-avatar\" src=\"https:\/\/atlaw.kr\/wp-content\/uploads\/2022\/12\/\ubc15\uc18c\uc601-1.png\" alt=\"Soyoung Park, Representative Attorney \u2014 Atlas Legal\"><\/p>\n<div class=\"author-text\">\n<div class=\"author-section-label\">About the Author<\/div>\n<div class=\"author-name\">Soyoung Park | Representative Attorney<\/div>\n<div class=\"author-detail\">Family Law, Inheritance, Construction &amp; Real Estate Disputes<\/div>\n<div class=\"author-detail\">Judicial Research and Training Institute, 33rd Class<\/div>\n<div class=\"author-detail\">Korea University, Department of Law<\/div>\n<div class=\"author-detail\">Atlas Legal | Incheon Songdo, South Korea<\/div>\n<p>      <a class=\"author-link\" href=\"https:\/\/atlaw.kr\" target=\"_blank\" rel=\"noopener noreferrer\">Visit Atlas Legal Homepage \u2192<\/a>\n    <\/div>\n<\/p><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>South Korean guardianship contracts take effect only once a supervisor is appointed, and yield to court-ordered guardianship when specially necessary.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[17],"tags":[1002,1001,1004,1003,1000],"class_list":["post-2091","post","type-post","status-publish","format-standard","hentry","category-civil","tag-adult-guardianship","tag-guardianship-contract","tag-korean-civil-act-article-959-20","tag-supervisor-of-voluntary-guardian","tag-voluntary-guardianship"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.7 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Voluntary Guardianship Contracts in South Korea | Atlas 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