Question from a reader:
If someone has no family, how do such incidents come to light? I saw news that a lawyer withdrew 3 million yen from the account of a person under guardianship and did not return the remaining balance after funeral expenses. The lawyer explained that they were “mentally unwell,” but it seems they did not provide any evidence.
I want to know how such issues come to light.

The Mechanism of Incident Discovery When There Is No Family

Recently, there has been news about a lawyer who illegally withdrew 3 million yen from the account of a person under guardianship. What mechanisms are behind the discovery of such incidents? Particularly when there is no family, who notices these issues, and how do they come to light? I would like to think this through carefully.

The Adult Guardianship System and Its Role

The adult guardianship system is established to protect the rights of individuals with insufficient judgment capacity. Specifically, for those suffering from dementia or mental illnesses, guardians are assigned to ensure they do not suffer disadvantages in managing their assets or entering into contracts. Often, professionals such as lawyers or judicial scriveners are appointed as guardians. When there is no family, this guardian becomes the sole supervisor, making the rights of the protected party highly dependent on them. The issue arises when the guardian takes actions that betray trust; how is that oversight conducted?

The Process of Incident Discovery

So, how do such incidents come to light? The first case is reporting from financial institutions. In the adult guardianship system, managing the account is also the guardian’s responsibility, so banks are required to regularly check transaction details. If there are withdrawals beyond the normal range or transactions with unclear purposes, the bank may report the issue. For example, if 3 million yen is suddenly withdrawn, the financial institution would likely become suspicious and increase their vigilance. The second is monitoring from a social welfare perspective. Guardians must regularly report their activities. If there are deficiencies in these reports or issues with the living environment, the local welfare department may intervene. Particularly for individuals receiving living support, the welfare department conducts regular visits for surveys. If distrust arises during inquiries about living conditions or asset management, problems may come to light.

When a Lawyer Explains “Mental Unwellness”

In the news, the lawyer explained their actions by saying they were “mentally unwell,” but this is a very delicate issue. Legally, when a guardian exercises their authority, they must always prioritize the interests of the person under guardianship. While it is understandable that mental unwellness could hinder their duties, it does not justify misconduct. Furthermore, when citing mental unwellness as a reason, evidence is typically required. A doctor’s diagnosis or treatment records are necessary, and failing to provide these raises suspicions of concealment or misconduct. As a professional, the lawyer should understand their legal obligations. Therefore, using mental unwellness as an excuse can, in fact, generate further doubts.

The Psychological Impact of Not Having Family

For individuals without family, the adult guardianship system is a crucial safety net. However, if a trusted guardian commits fraud, the psychological impact can be immense. Feelings of loneliness and powerlessness can lead to even more severe psychological issues. Particularly, not having family means a weak support system, so the damage when problems are discovered can be significant. Moreover, without family, if there are no people around to consult, the victim becomes increasingly isolated. This can harm mental health and lead to further issues. Given these circumstances, I believe a system for societal oversight is necessary. Collaboration with the community and follow-ups by specialized organizations are essential.

Specific Measures and Recommendations

To prevent such issues from occurring, several measures can be considered. First, it is necessary to strengthen the regular auditing system for guardians. By having external professionals monitor the activities of guardians regularly, it becomes possible to detect misconduct early. Additionally, forming self-help groups and support organizations within the community is important. If there is a system in place to watch over isolated elderly individuals or those living alone, it becomes easier to notice problems. This way, if the person under guardianship exhibits suspicious behavior, those around them can more readily recognize it. Finally, education on legal aspects is also necessary. By deepening understanding of the adult guardianship system and its roles, the general public can have means to protect their rights. Opportunities to learn about the adult guardianship system should be increased through school education and community courses.

Conclusion

Considering how the adult guardianship system functions when there is no family and how misconduct is discovered reveals a very complex and serious issue. In particular, the psychological impact of betrayal of trust is immeasurable. I feel there is a need for a system of mutual support throughout society. As a legal professional, I hope to deepen understanding of this issue and engage in activities that can reduce risks, even slightly. We must consider what each of us can do to protect our rights and support those around us.