What is a voluntary guardianship contract? The transition type, and how it differs from statutory guardianship and a family trust

In short: a voluntary guardianship contract lets you, while you still have capacity, entrust the affairs of managing your finances and your medical and nursing care in the event your capacity later declines through dementia or the like to a person you choose yourself (the voluntary guardian-to-be), and grant them authority of representation (Act on Voluntary Guardianship Contracts, Article 2, item 1). This contract must be made by a notarial deed in the form prescribed by Ministry of Justice ordinance (Article 3 of the same Act) and is concluded at a notary's office. It takes effect not at the moment of conclusion, but when the person's capacity becomes insufficient and the family court appoints a voluntary guardianship supervisor (Article 4, paragraph 1 of the same Act). The supervisor oversees the voluntary guardian's affairs (Article 7 of the same Act). The combination of starting property management while capacity remains, through a "property-management mandate" that is a mandate contract, and shifting to voluntary guardianship once capacity declines, is called the "transition type," used together with a watch-over contract. It divides from statutory guardianship, where the family court chooses the person (Civil Code Articles 7, 11 and 15), on the point of who decides the person in charge. Preparing the draft contract and supporting its notarisation are handled by our office (Yotsuba Administrative Scrivener Office); preparing and representing the documents submitted to the family court, such as the petition to appoint a supervisor, are by a lawyer or a judicial scrivener; and the outlook on inheritance tax and gift tax is by a tax accountant, each responding separately as an independent business. This article is general information organising the system, and any individual contract design is a matter for the judgement of a qualified professional.

When does a voluntary guardianship contract begin to take effect?

A voluntary guardianship contract does not take effect merely by being concluded. Article 4, paragraph 1 of the Act on Voluntary Guardianship Contracts provides that, when the person's capacity to distinguish right and wrong becomes insufficient due to a mental disability, the family court appoints a voluntary guardianship supervisor. Only once this supervisor is appointed does the voluntary guardian-to-be become the "voluntary guardian" and begin the affairs for the person using the authority of representation set in the contract.

Those who can petition for the appointment are the person, the spouse, relatives within the fourth degree, or the voluntary guardian-to-be. The petition presupposes that the contract has been registered in advance. Before the supervisor is appointed, the authority of representation as a voluntary guardian does not begin to operate. In short, a voluntary guardianship contract is a contract that prepares a "future switch," and the switch turns on when the two conditions of a decline in capacity and the appointment of a supervisor are met.

Stage	Status	Basis
At conclusion	Contract by notarial deed and registration. No effect yet	Act on Voluntary Guardianship Contracts, Article 3
Decline in capacity	The person's capacity to distinguish right and wrong becomes insufficient	Article 4, paragraph 1 of the same Act
Appointment of supervisor	The family court appoints a voluntary guardianship supervisor, and the effect arises	Article 4, paragraph 1 of the same Act
After effect arises	The voluntary guardian exercises authority; the supervisor oversees	Article 7 of the same Act

Because of this time lag, how to handle property management while capacity remains leads to the next point, the "transition type."

What is the "transition type," and how does it combine with a property-management mandate?

There are broadly three types of voluntary guardianship contract in use. The "future type," which uses only voluntary guardianship after capacity declines; the "transition type," which starts property management by mandate while capacity remains and shifts to voluntary guardianship after decline; and the "immediate type," which promptly petitions for a supervisor's appointment at a stage where capacity is already becoming insufficient. This article deals with the "transition type," widely used in practice.

In the transition type, at the same time as the voluntary guardianship contract, you conclude a "property-management mandate" (a mandate contract under Civil Code Article 643) that entrusts property management while capacity remains. Because a mandate contract takes effect by the parties' agreement, you can begin managing passbooks and making payments on the person's behalf without waiting for the supervisor's appointment. Then, once the person's capacity declines, you petition for the appointment of a voluntary guardianship supervisor and shift the framework of management from the property mandate to voluntary guardianship. Together with this, it is common to conclude a "watch-over contract" to contact and meet the person regularly and confirm their condition, so as not to miss the time to shift to voluntary guardianship.

Contract	When effect begins	Role
Watch-over contract	From conclusion	Confirm the person's condition by regular contact and meetings
Property-management mandate	From conclusion (Civil Code Article 643)	Entrust property management while capacity remains
Voluntary guardianship contract	From the supervisor's appointment (Act on Voluntary Guardianship Contracts, Article 4, paragraph 1)	Property management and care after capacity declines

Because the property-management mandate is not subject to a supervisor's oversight, it is noted that a delayed shift to voluntary guardianship can create a gap in oversight. The design of the timing of the shift must be done carefully after a meeting with a qualified professional.

Why must it be concluded by a notarial deed?

Article 3 of the Act on Voluntary Guardianship Contracts provides that a voluntary guardianship contract "must be made by a notarial deed in the form prescribed by Ministry of Justice ordinance." A voluntary guardianship contract made as a private document is not recognised as effective. A notarial deed is a public document prepared with the involvement of a notary, who confirms the person's intent and the contract's content, making it easier to prevent later disputes.

When the contract is concluded by a notarial deed, its content is registered with the Tokyo Legal Affairs Bureau as a guardianship registration. The existence of a registered contract is a prerequisite for a later petition to appoint a voluntary guardianship supervisor. The notary's fees and the cost of registration apply, but the specific amounts differ by notary's office and by case, so confirm them in the notary's office's guidance (this article does not assert any particular amount).

Item	Content
Form	A notarial deed in the form prescribed by Ministry of Justice ordinance (Act on Voluntary Guardianship Contracts, Article 3)
Place of preparation	Notary's office (prepared by a notary)
Registration	Registered in the guardianship registration upon preparation of the notarial deed
Whether a private document works	A voluntary guardianship contract by a private document is not recognised as effective

Preparing the draft contract, arranging the schedule with the notary's office, and preparing the necessary documents can be supported by our office within the scope of the work. The preparation of the notarial deed itself is done by the notary.

How do voluntary and statutory guardianship differ on who decides the person in charge?

Voluntary guardianship is a system where the person decides, while still having capacity, the person in charge (the voluntary guardian-to-be) and the scope of the authority of representation themselves. By contrast, statutory guardianship is a system where, after the person's capacity has already declined, the family court chooses a guardian, curator or assistant; the person does not designate the one in charge in advance. Statutory guardianship divides into three types according to the degree of capacity: the commencement of guardianship is based on Civil Code Article 7, curatorship on Article 11, and assistance on Article 15.

Article 10, paragraph 1 of the Act on Voluntary Guardianship Contracts provides that, where there is a registered voluntary guardianship contract, the family court may make a statutory-guardianship (guardianship, curatorship or assistance) adjudication only where it finds it particularly necessary for the person's benefit. The purpose is to respect the person's self-determination and, in principle, prioritise voluntary guardianship. That said, where the person receives a guardianship-commencement or similar adjudication after a voluntary guardianship supervisor has been appointed, the voluntary guardianship contract terminates (paragraph 3 of the same Article).

Item	Voluntary guardianship	Statutory guardianship
Who decides the one in charge	The person (designated while capacity remains)	The family court (appointed after capacity declines)
Scope of authority	The scope set in the contract	Set by law per type / granted by adjudication
Basis for commencement	Act on Voluntary Guardianship Contracts, Article 4	Civil Code Article 7 (guardianship), Article 11 (curatorship), Article 15 (assistance)
Relationship	In principle prioritised (Article 10, paragraph 1 of the same Act)	Adjudication where particularly necessary for the person's benefit

Which to choose and how to set the scope of authority depend on the person's situation and wishes. Individual design is a matter for the judgement of a qualified professional.

How do you use a family trust differently, in terms of the range it can protect and the cost?

A family trust (civil trust) is a mechanism under the Trust Act to entrust your property to a trusted family member (the trustee) and leave its management and disposal to them. Whereas voluntary guardianship handles "personal protection and property management after the person's capacity declines" under family-court oversight, a family trust differs in that it can flexibly design the "management and succession of specific property" according to the terms of the trust contract, not under a supervisor.

The two are not exclusive and can be combined. For example, the management and succession of income-producing real estate can be designed by a family trust, while daily money management and affairs concerning the person, such as medical and nursing-care contracts, are covered by voluntary guardianship. However, there is a difference in coverage: a family trust does not easily cover personal protection directly (such as medical and nursing-care contracts), while voluntary guardianship is not suited to designing the active management and succession of property. For a detailed explanation of forming the trust vehicle, see What is a family trust? The administrative scrivener's role and formation; for the use of guardianship where an heir with declined capacity is involved, see When an heir has dementia, is missing, or is a minor.

Item	Voluntary guardianship	Family trust
Basis	Act on Voluntary Guardianship Contracts	Trust Act
Main subject	Personal protection + property management generally	Management and succession of specific property
Oversight	Voluntary guardianship supervisor (family court)	The terms of the trust contract (a supervisor is optional)
Suited situations	Medical and nursing-care contracts, daily money management	Succession design of income-producing real estate and business assets

Who do you ask for the drafting, notarisation and supervisor petition?

Preparing for the future spans several procedures and fields of expertise. The roles are as follows.

• Drafting the voluntary guardianship contract, the transition-type property-management mandate and the watch-over contract, and supporting their notarisation → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Preparing and representing the documents submitted to the family court, such as the petition to appoint a voluntary guardianship supervisor, and the petition for statutory guardianship after capacity declines → lawyer or judicial scrivener
• Consultation on selling or utilising real estate such as the home → Yotsuba Real Estate Co., Ltd. (real estate broker), a separate business
• The outlook on inheritance tax and gift tax, and the tax on property → tax accountant

Yotsuba Real Estate Co., Ltd., a separate business from Yotsuba Administrative Scrivener Office, handles the consultation on selling or utilising real estate such as the home, under a separate contract as an independent business. Preparing and representing the documents submitted to the family court, such as the petition to appoint a voluntary guardianship supervisor and the petition for statutory guardianship, are the domain of a lawyer or a judicial scrivener, and the outlook on inheritance tax and gift tax of a tax accountant. Each field is on the premise that you contract separately with each qualified professional and office as an independent business, and our office receives no referral fee. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; for inheritance work, see Inheritance Services and the Inheritance and Real Estate Desk of Yotsuba Real Estate Co., Ltd., a separate business. For preparing for a single person's after-death affairs, see also What can you entrust in an after-death affairs mandate?.

FAQ

Q. Once I conclude a voluntary guardianship contract, will my finances be managed right away?
A. No. A voluntary guardianship contract takes effect when the family court appoints a voluntary guardianship supervisor (Act on Voluntary Guardianship Contracts, Article 4, paragraph 1). If you want property management entrusted while capacity remains, consider the "transition type," which separately concludes a property-management mandate that is a mandate contract (Civil Code Article 643). The contract design is done after a meeting with a qualified professional.

Q. Is it enough to just write a memo myself for a voluntary guardianship contract?
A. No. A voluntary guardianship contract is not recognised as effective unless made by a notarial deed in the form prescribed by Ministry of Justice ordinance (Act on Voluntary Guardianship Contracts, Article 3). A private document does not constitute it. The notarial deed is prepared by a notary at a notary's office. Our office supports drafting the contract and arranging the schedule with the notary's office.

Q. If I have voluntary guardianship, will it not become statutory guardianship?
A. Where there is a registered voluntary guardianship contract, the family court may make a statutory-guardianship adjudication only where it finds it particularly necessary for the person's benefit (Act on Voluntary Guardianship Contracts, Article 10, paragraph 1). In principle voluntary guardianship is prioritised. However, where a guardianship-commencement or similar adjudication is received after the supervisor's appointment, the voluntary guardianship contract terminates (paragraph 3 of the same Article).

Q. Which should I choose, voluntary guardianship or a family trust?
A. Voluntary guardianship handles property management including personal protection, such as medical and nursing-care contracts, under family-court oversight, while a family trust flexibly designs the management and succession of specific property by the terms of the trust contract. Because the coverage differs, they may be combined. Which suits depends on the property and wishes, and the individual design is a matter for the judgement of a qualified professional.

Sources (Primary Information)

• e-Gov Law Search, "Act on Voluntary Guardianship Contracts" (Act No. 150 of 1999), Article 2 (definitions), Article 3 (form = a notarial deed in the form prescribed by Ministry of Justice ordinance), Article 4 (appointment of a voluntary guardianship supervisor = the effect arises), Article 7 (duties of the voluntary guardianship supervisor), Article 10 (relationship with guardianship, curatorship and assistance) (accessed 2026-09-02)
• e-Gov Law Search, "Civil Code" (Act No. 89 of 1896), Article 7 (adjudication of commencement of guardianship), Article 11 (adjudication of commencement of curatorship), Article 15 (adjudication of commencement of assistance), Article 643 (mandate) (accessed 2026-09-02)
• Ministry of Justice, "Adult Guardianship System and Guardianship Registration System," and the explanatory page on voluntary guardianship contracts (accessed 2026-09-02)
• Japan National Notaries Association, explanation of the "voluntary guardianship contract" (form of the notarial deed and the flow of registration) (accessed 2026-09-02)

This article is general information and does not judge or guarantee the propriety, effect or cost of any individual voluntary guardianship contract, property-management mandate or family trust. The voluntary guardianship supervisor is appointed by the family court; the preparation and representation of documents submitted to the family court, such as that appointment petition, and the petition for statutory guardianship after capacity declines, are by a lawyer or judicial scrivener; the outlook on inheritance tax and gift tax by a tax accountant; and the sale or use of real estate such as the home by Yotsuba Real Estate Co., Ltd. (real estate broker), a separate business, each contracting separately as an independent business. The notarial deed is prepared by a notary. Our office does not prepare or represent documents submitted to the family court, or give tax advice. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.