Abstract

This article illustrates how an adult support and protection legislation in Japan can be designed and reviews the principles and values behind the relevant legislation and policy for an adult support and protection framework. An adult support and protection legislation is a comprehensive package of laws for legal advocacy, such as the adult guardianship system, supported decision-making (SDM), and safeguards for elder abuse, which focuses on the vulnerability of the principal and provides the support and protection needed by an individual. We consider older adults with dementia to be the main subject of adult support and protection. First, the article examines three types of combined models of guardianship and SDM in Australia, Europe, and Japan in order to clarify how they integrate guardianship and SDM into their laws, policies, or reports and compare similarities and differences between models. With this conceptual comparison, the stance of the Government of Japan regarding SDM would be reconfirmed. Second, how SDM will be placed and framed in Japan’s adult support and protection legislation must be clarified in the middle to long term. Thus, a preliminary idea of SDM legislation is advocated. SDM will be potentially an important legal instrument as an alternative to the adult guardianship system to protect the human rights of vulnerable adults. Third, the architecture and the value framework of Japan’s adult support and protection legislation, based on the modified multi-dimensional model, are described, and the contributions of civil society are addressed. Finally, the conclusion summarizes the article. Through the article, it can be understood that Japan’s adult support and protection legislative system is one of the legislative policies combining the adult guardianship system and SDM, which are considered in light of their own socio-culture background. Within this framework, multiple options should be presented to older adults in the community for them to make their own choices.