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29.09.2011

成年後見制度(1)

「暑さ寒さも彼岸まで」とはよく言ったもので、ついこの間まで、暑い暑いといっていたのに、このところすっかり秋らしくなりましたね。

秋といえば、月のきれいな季節。
先ごろの中秋の名月(=八月十五夜 9/12)も、東京ではすばらしい月夜となりましたが、次に期待したいのが
九月十三夜の月。

今年の十三夜は10/9になるそうです。

十五夜の月を芋名月と呼ぶのに対し、十三夜の月は豆名月、あるいは栗名月とも言います。

たまには、部屋の明かりを消して、ぼんやり夜空を眺めるのもいいものです。

十五夜を見逃してしまった人は、十三夜に期待してみてはいかが?

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

今回は「成年後見制度」についてです。

成年後見制度のうち、任意後見制度についてはこのメルマガでも2005年の2月に取り上げて解説しています。
 http://bliss.tea-nifty.com/happy_/2005/02/post_3.html

今年は、その成年後見制度がスタートして10周年を迎えるとのこと。
しかし、まだまだ一般的にはなっていないように思います。

ただ、特にシングルにとっては、今後のためにきちんと知っておかなければならない制度です。

ということで、再度おさらいしておきましょう。


(1)成年後見制度とは?
  
精神上の障害が理由で判断能力が不十分な人が経済的な不利益を受けることがないように、支援者(成年後見人等)をつける制度です。

また判断能力が不十分な人を保護するだけでなく、その人に残されている能力を活用し、自分のことは自分で決定できるようにする自己決定権の尊重や、障害のある人が、家庭や地域で問題なく生活できるような社会(ノーマライゼーション)をめざすことも基本的理念となっています。
  

例えば、認知症の高齢者が悪い業者にだまされて、必要のない高額商品を買ってしまった場合でも、この人が成年後見制度を利用していれば、その契約を取り消すことができます。(本人保護)

また、この人がスーパーなどで日用品等を買う場合には、成年後見人の手を借りたり、同意を得なくても、自由に買い物ができます。(能力の活用と自己決定権の尊重)


(2)成年後見制度のデメリット

成年後見人の種類によっては本人の選挙権が失われます。
また、会社の取締役、弁護士や医者等の一定の資格に就けなくなります。

さらに、手続きに時間がかかることもデメリットのひとつです。


なかなか奥が深いこの制度、これから、少しずつ順を追って解説していきます。

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