Have you ever thought about it?

One day, as we grow old, we may face dementia or disability, becoming unable to care for ourselves in daily life, and even losing the ability to manage property or make sound judgments. At that time, who would you want to take care of you? Your closest family member? Or your most trusted friend? Without prior planning, the most undesirable situation may occur—someone claiming to “care for you” might secretly misappropriate your property or make medical or lifestyle decisions against your true will.

There are many real-life cases showing that when elderly individuals with dementia can no longer clearly express their wishes, they often become vulnerable targets. Even the closest family ties may fracture due to disputes over property distribution or caregiving responsibilities. Without prior planning, not only will you lose your right to choose, but your family may also fall into lengthy legal disputes.

Your destiny should be in your own hands! Instead of leaving it up to the court after problems arise, it's better to establish a safeguard while you are still healthy and capable of judgment through the Voluntary Guardianship system. Voluntary Guardianship ensures that after dementia or disability, your living arrangements, medical decisions, and property remain protected, preventing manipulation or unnecessary disputes. This is not only about property but also about ensuring that your life choices are respected.

Case of Dementia: Court Rules Gift Invalid

Recently (2025), there was a news case where an elderly man donated real estate to a religious group. After discovering this, his family sued, claiming that the man had already suffered from severe cognitive impairment at the time of the donation. Based on medical records, the court found he had lost his judgment ability, rendering the donation and property transfer legally invalid, and ruled that the property must be returned.

This case reminds us: when mental capacity is lost, property must be protected. Many may think of the Guardianship Declaration system, but the court-appointed guardian may not be someone you truly trust.

Limitations of General Guardianship Declaration – Who Can Apply?

In Taiwan, if a person suffers from mental illness or cognitive impairment and cannot clearly express their will, an application for a Guardianship Declaration can be filed for protection.
Eligible applicants include:

•  A spouse or relatives within the fourth degree of kinship (parents, children, siblings, etc.)

•  Relatives beyond the fourth degree but who have cohabited with the person within the past year

•  Prosecutors or social welfare institutions

During the court process, medical evaluation will be conducted to determine eligibility, and the court will then select a guardian. Typically, the spouse or relatives are prioritized. If no relatives are available, social organizations may be appointed.

The issue is: the guardian chosen by the court may not be someone you trust! Once you reach the stage of requiring guardianship, you may no longer have the capacity to change the outcome. In some cases, guardians have abused their power and misused assets. This is where the importance of Voluntary Guardianship becomes clear.

What is Voluntary Guardianship? Advantages of Voluntary Guardianship

Voluntary Guardianship allows you, while still healthy and capable of judgment, to preselect your future guardian and formalize it through a legal contract.

Five Advantages of Voluntary Guardianship:

1. Flexible and free choice of guardian: Not limited to spouses or relatives; close friends or partners can be chosen.

2. Pre-discussion and arrangement of specific guardianship matters: You can negotiate medical care, property management, and daily living arrangements with the guardian beforehand.

3. Willing participation: Since the voluntary guardian accepts the role willingly, they are often more dedicated and sincere in carrying out responsibilities.

4. Option for multiple guardians: Several people can share responsibilities, such as one handling healthcare and daily care, while another manages property.

5. Faster process than general guardianship declaration: No lengthy court procedures for appointing guardians, saving time and avoiding gaps without a guardian.

Procedure and Process of Voluntary Guardianship

1. Drafting and Signing the Contract: The individual and the chosen guardian consult a lawyer to draft and sign a “Voluntary Guardianship Agreement.”

2. Notarization of the Agreement: By law, the agreement must be notarized.

3. Application upon Incapacity: When the individual becomes demented or incapacitated, the guardian or family files for guardianship with the court.

4. Court Ruling: The court formally approves the preselected guardian, eliminating the need for court-appointed selection among relatives, prosecutors, or social institutions.

Why is Voluntary Guardianship Important?

In simple terms, Voluntary Guardianship is a safeguard planned in advance. While still fully competent, you can decide who will be your guardian and arrange care, medical, and property management according to your values and lifestyle. This ensures that even if dementia or disability occurs, your will is respected and your fate is not left to others.

Compared with general guardianship, Voluntary Guardianship's greatest strength lies in autonomy. It avoids unfamiliar or untrustworthy guardians being appointed by the court, reduces risks of property misappropriation or neglect of care, and provides an essential legal shield in an aging society.Don't wait until it's too late—now is the best time to plan. Through Voluntary Guardianship, you can safeguard your dignity, protect your assets, reduce family disputes, and live with peace of mind

If you wish to understand the procedure in more detail, need legal assistance in preparing notarized documents, or require representation in court applications, feel free to contact WHP Law Firm. We provide professional consultation to help you set up the most reliable safeguard for your future while you are still healthy.

Reference：Family Section, Chapter IV Guardianship

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