The Ageing and Adult Protection Legislative System

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  • Title: The Ageing and Adult Protection Legislative System: A Comparative Law Study
  • Author(s): Yukio Sakurai
  • Publisher: Common Ground Research Networks
  • Collection: Common Ground Research Networks
  • Series: Aging & Social Change
  • Journal Title: The Journal of Aging and Social Change
  • Keywords: Adult Protection, Comparative Law Study, Autonomy
  • Volume: 9
  • Issue: 1
  • Year: 2019
  • ISSN: 2576-5310 (Print)
  • ISSN: 2576-5329 (Online)
  • DOI: https://doi.org/10.18848/2576-5310/CGP/v09i01/53-69
  • Citation: Sakurai, Yukio . 2019. "The Ageing and Adult Protection Legislative System: A Comparative Law Study." The Journal of Aging and Social Change 9 (1): 53-69. doi:10.18848/2576-5310/CGP/v09i01/53-69.
  • Extent: 17 pages

Abstract

We face a seriously ageing society. The population of the elderly with dementia is sharply increasing as adults live longer. We thus need effective public policy to protect the elderly with dementia. Nowadays, an adult protection legislative system is gradually progressing in Europe, Australia, Canada, and the US in order to protect vulnerable adults, including the elderly with dementia, from possible risks of abuse, including financial exploitation, neglect, and self-neglect. In Japan, the Cabinet decided on the Basic Plan for Promotion of the Adult Guardianship System in March 2017 as a public policy. It is, however, assumed that we need various public policy measures so that citizens may make their own choices determining whatever is suitable and necessary because autonomy and the right to self-determination are important universal values. In advanced states, an adult protection legislative system seemingly refers to a comprehensive package of laws aiming to protect vulnerable adults through the least restrictive measures deemed necessary, taking the will and preferences of vulnerable adults into consideration. In other words, human rights are highly respected. Of additional importance is the balance between state responsibility and citizen rights. An adult protection legislative system will be adopted in Japan in the future, and further study would be beneficial.