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Law, autonomy, and vulnerability : supporting and protecting older adults in japan
Full text linkDescription/Acronyms/Tables and Figures/Notes/Key Terms xi-xxii
Introduction xxiii-xxxvii
1. Background of the Study xxiii
2. Framework of the Study xxx
3. Composition of the Study xxxvii
Chapter 1: Legal Advocacy and Challenges in Japan 1
1.1 Research Framework of the Study 1
1.1.1 Theoretical Review 1
1.1.2 Function-Based Review 21
1.1.3 Research Framework Based on Legal Advocacy 25
1.2 Overview of the Legal Advocacy and Relevant Policy 27
1.2.1 Adult Guardianship System and the Promotion Act 28
1.2.2 Supported Decision-Making 55
1.2.3 Healthcare Decision-Making 66
1.2.4 Elder Abuse Prevention Law and Relevant Policy 75
1.3 Summary: Legal Advocacy to Meet People’s Multiple Needs 84
Chapter 2: Vulnerability Approach and Autonomy 87
2.1 Vulnerable Adults 87
2.1.1 The Aging of Population 87
2.1.2 The Older and Vulnerable Adults 91
2.2 Vulnerability and Safeguarding 96
2.2.1 Introduction 96
2.2.2 Vulnerability 97
2.2.3 Vulnerability Approach 100
2.2.4 Safeguarding Laws for Adult at Risk 102
2.3 Adult Support and Protection 107
2.3.1 Capability Approach and Autonomy 107
2.3.2 Notion of Adult Support and Protection 117
2.4 Summary: A Good Balance of Vulnerability and Autonomy 119
Chapter 3: Adult Support and Protection in the International Context 121
3.1 Introduction 121
3.2 A Comparative Law Study in the International Context 122
(1) 2000 Protection of Adults Convention and the Following
Developments 122
(2) Switzerland Adult Protection Law 125
(3) Austrian Adult Protection Law 126
(4) Scottish Mental Health Law Review 129
(5) U.S. Guardianship and Supported Decision-Making Acts 134
(6) Changes to Victoria and NSW State Acts in Australia 140
(7) Other Statutory Developments 143
3.3 Analysis of Adult Support and Protection Legislation 146
3.3.1 Differences 146
3.3.2 Commonalities 147
3.4 Summary: Adult Support and Protection Is Defined 150
Chapter 4: Adult Support and Protection in the Australian Context 151
4.1 Introduction 151
4.2 Australian Guardianship Laws 155
4.2.1 Australian Law and Its Guardianship 155
4.2.2 Victorian State Act 160
4.2.3 NSW State Act: Summary 172
4.3 Victoria and NSW State Acts Incorporating Supported
Decision-Making 174
4.3.1 Amendments to Victoria State Act and After 177
4.3.2 Draft Amendments to NSW State Act 178
4.3.3 Comments on Amendments to Victoria
and NSW State Acts 176
4.4 Legislation for Elder Abuse 187
4.4.1 Background of Elder Abuse Legislation 187
4.4.2 ALRC Report 131 and the Responses 190
4.4.3 Discussion on Elder Abuse Legislation 200
4.5 Australian Principal Values and the Implications 203
4.5.1 Discussion on Australian Adult Support and Protection 203
4.5.2 Implications from Australian Legislative Project 220
4.6 Summary: Implications from Australian Legislative Project
Are Clarified 218
Chapter 5: The Idea of Adult Support and Protection in Japan 223
5.1 Introduction 223
5.2 Considerations for a Core Agency and Supported
Decision-Making 222
5.2.1 Roles and Legal Status of a Core Agency
for Community Support 224
5.2.2 Combined Models of Guardianship and Supported
Decision-Making 237
5.2.3 A Preliminary Idea of Supported Decision-Making
Legislation 251
5.3 The Idea of Adult Support and Protection in Japan 267
5.3.1 Illustration of Adult Support and Protection Legislation
and Framework 267
5.3.2 Function-based Review of Transactions in a Community 273
5.3.3 Values of Adult Support and Protection to Global
Application 280
5.4 Summary: Japan’s Adult Support and Protection
Legislation Framework 288
Conclusion 291-293
Bibliography 295-366
Reference Survey 367-369This book explores how adult support and protection legislation can integrate adult guardianship, supported decision-making, and elder abuse prevention, particularly in light of the limitations of Japan’s current guardianship system. It develops the concept of legal advocacy for vulnerable adults at the intersection of civil and social security law, grounded in two frameworks: the vulnerability–autonomy approach from common law traditions and a comparative legal analysis of Japan and Australia. The central question asks how legal and policy frameworks can respect individual will while ensuring effective, community-based implementation.
The analysis unfolds in three parts. First, it conceptualizes adult support and protection legislation as a rights-based framework that prioritizes individualized support through the least restrictive means. Second, it examines institutional safeguards and evolving norms around supported decision-making, including soft-law developments and legislative models such as Australia’s. Third, it proposes a community-based support model, led by quasi-public core agencies that coordinate with courts, municipalities, and local networks.
Three main contributions emerge: (1) a normative foundation for adult support legislation in Japan, (2) an analysis of Victoria’s Guardianship and Administration Act 2019 as a case of integrating empirical research and stakeholder input, and (3) an operational model for community-based adult protection. A legislative roadmap for Japan is presented, showing how supported decision-making can be incrementally codified, with guardianship reserved as a last resort. The focus of discussion, particularly regarding support and protection measures in community support, is on Japan, the essence of the discussion is relevant for global application, sharing the universal values
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