成年後見人制度についてご存じですか？
成年後見人制度とはどんなものか、ご存じでしょうか。
将来、何らかの理由で、ご自身の経済管理ができなくなってしまうことは、誰にでも、起こり得る問題です。
その様な状況で活躍するのが、成年後見制度です。
この記事では、成年後見人制度について、まとめています。
目次
「成年後見人制度」について、ざっくり紹介
成年後見制度とは，「認知症，知的障害，精神障害などによって判断能力が十分ではない方を保護するための制度」と日本の裁判所の公式サイト(URL)では説明されています。
分かりやすく説明すると、高齢者・認知症の方の財産に関して、詐欺や悪徳商法から保護、支援する制度です。
制度を利用できるのは、制度の名の通り、「成人」でなくてはなりません。未成年の場合は未成年後見制度と呼ばれる制度があります。
また成年後見人制度は法定後見制度と任意後見制度の2つに別れます。この違いは、今すぐに後見人が必要な状態であるか、将来的に必要になることを見越して契約を結ぶかといった点が異なります。
「成年後見人制度」に似た制度はありますか？
成年後見人制度について調べていくと、【成年後見人・保佐人・補助人】といったワードに行きつくかたも少なくないはず。実はこれら3つをまとめて成年後見人と呼んでいますが、ここではその違いについてご紹介します。
後見人が必要な高齢者や認知症を抱える方々の症状は、幅広く差がでます。例えば、同じ認知症の方でも、寝た切りの場合や、ある程度自立している場合などと言えばイメージがつきやすいかもしれません。
成年後見人制度は、医師の診断書を基にした対象者本人の判断能力により「後見相当・保佐相当・補助相当」の3つにわけられます。民法で後見・保佐・補助とそれぞれ、次のように定められています。
判断能力に相当する、認知症を例にして照らし合わせながら確認しておきましょう。
後見相当⇒常に判断能力がない ひどい物忘れがある認知症
保佐相当⇒判断能力が著しく不十分 物忘れが多い認知症
補助相当⇒判断能力が不十分 料理の手順を間違えてしまう程度の認知症
当然、対象者の判断能力が不十分であればあるほど、成年後見人たちが持つ権限は大きいものとなります。
その権限の差についても、次で確認しておきましょう。
後見人の権限が、いかに大きいものであることが、表より理解できるはずです。それだけ後見人の存在は、認知症や障害を持つ判断能力が充分でない高齢者等を、保護することができる制度と言えます。
実際どんな場面で、後見人等が必要になるのでしょうか？
実際にどのような場面で、後見人等の力が要求されるのでしょうか。
ここでは、後見人を必要とすることが多い場面を、次にご紹介します。
・預金・貯金に関する管理や解約
・不動産の処分
・相続手続き
・介護保険の契約
・要介護認定の申請手続
・住居の確保
・病院への入院手続等
等
貯金等に関する管理や解約については、後見人の必要性がありそうです。しかし、「介護保険の契約は、親戚が代理で行っても良いのではないか？」とお思いになるかもしれませんが、実際は契約することができないことになっています。
それは、後見人制度等を利用する本人（高齢者）が、成人であり、未成年に対する、保護者の対応とは異なるからです。
いずれも、制度を利用する高齢者の財産に関わってくることを考えると、後見人が必要になる理由がわかります。
まとめ
成年後見人制度は、認知症，知的障害，精神障害などによって判断能力が十分ではない方の財産を守るために存在する制度です。
成年後見人は、制度を受ける高齢者の判断能力の手度によって、「後見人・保佐・補助」の3つにわかれており、このいずれかの者から制度を受けることとなります。
中でも、後見人に委ねられる権限は大きいもので、いかに財産の保護に対しての役割を持つかがわかります。
実際に後見人が必要とされる場面は、預金・貯金に関する管理や解約、不動産の処分など、多くみられます。
「今後の生活環境が変わる事への不安」や「介護を使って生活をどうデザインをしていったら良いか」など介護は協力体制で成り立っております。 ちょっとでも解決できる、ストレス軽減できる記事を目指し、一つの相談場所のメディアを目指しております。
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