With Taiwan’s rapidly aging population, the legal protection of individuals suffering from dementia, disabilities, or mental disorders has become an increasingly pressing issue. In particular, safeguarding the property rights of affected adults manifests a significant challenge and source of stress for many families. To address these concerns, Taiwan’s Civil Code provides a comprehensive adult guardianship framework, including both statutory guardianship—through “guardianship declarations” and “assistance declarations”—as well as voluntary guardianship, which allows individuals to pre-select their guardian in advance. These mechanisms aim to offer essential protection and ensure the personal and legal security of adults with diminished capacity.
Our firm has a dedicated and experienced family law team specializing in guardianship matters involving the elderly, individuals with dementia, and persons with physical or mental disabilities. We are committed to providing professional, rigorous, effective, and compassionate legal services, including the following:
Petition for Guardianship or Assistance Declaration:
Assisting clients in filing petitions with the family court to obtain guardianship or assistance status, and supporting the collection of relevant evidence to help the petitioner be recognized as a suitable guardian.
Petition for Provisional Measures:
Prior to the court’s appointment of a guardian or assistant, we assist in filing applications for provisional orders to prevent third parties from disposing of property, thereby safeguarding the individual’s assets.
Petition for Court Approval to Dispose of Real Estate:
Following a finalized guardianship ruling, we assist in applying for court approval to dispose of the ward’s real estate, if necessary—for instance, to fund the ward’s care needs.
Reassignment or Modification of Guardian:
If a guardian dies, becomes legally incapacitated, resigns with court approval, goes missing, or is otherwise unfit to serve in the ward’s best interest, we assist in petitioning for the appointment or replacement of the guardian.
Voluntary Guardianship:
We help clients draft and review voluntary guardianship agreements in advance, reducing the potential for future family disputes.
Asset Management and Trust Planning:
We provide tailored strategies for managing the ward’s property and, when necessary, design flexible legal structures—such as care trusts, testamentary arrangements, insurance trusts, or real estate management trusts—to ensure comprehensive protection.
