피후견인의 신상결정과 그 대행

Determining personal matters of the adult under guardianship

Among the new rules concerning the guardianship, it can be hardly denied that the article 947-2 of the Civil Code stands out. It regulates how the personal matters of an adult under legal protection should be determined. The rule postulates that the adult under guardianship determines her matters for herself in sofar as her mental capacity allows it; when she can’t, her guardian given an authority by the family court takes charge of the decision, where the family court retains control measures in some cases. The author aims to give an overview of this article’s scope and contents, whereby making some suggestions on some important issues. He tries to explain this article clearly shows the reform’s main policy consideration, while it proclaims the principal of self-rule with the family court’s possible interventions.