1. Client's Crisis

The client's mother was in her 80s and had been hospitalized long-term in a convalescent hospital after a fall. She required the help of a caregiver around the clock, and her cognitive abilities had also significantly declined. She was in a condition where she could not manage her own affairs, even showing symptoms of speaking as though deceased family members were still alive.

The problem was that one of her siblings secretly discharged their mother from the convalescent hospital without the other family members' knowledge and then disappeared. Although the client confirmed the mother's registered address through a resident registration certificate, her actual place of residence was unclear, and even contact with that sibling had been cut off, raising concerns about the mother's safety itself.

Then an even more serious problem came to light. That sibling had already disposed of one apartment in the mother's name without consulting the rest of the family, and the whereabouts of the approximately KRW 200 million sale proceeds were unknown. In addition, they had forged a power of attorney and entered into a sale contract for another apartment worth around KRW 1 billion, and the date for receiving the balance payment was only a few days away. All of the mother's remaining assets were in danger of disappearing.

2. Key Issues

There were two issues to be addressed in this case.

First, it was necessary to prove that the mother was unable to manage her property or carry out legal acts on her own due to mental limitations, thereby satisfying the requirements for the commencement of adult guardianship. The Civil Act allows the commencement of adult guardianship for a "person who has continuously lacked the ability to handle affairs due to mental limitations caused by illness, disability, old age, or other reasons," and we had to show through medical records and specific examples that the mother's condition met this standard.

Second, there was the issue of who should be appointed as guardian. In a situation where there was severe conflict among the children, appointing one of them as guardian made it highly likely that the dispute would continue or even worsen. It was necessary to appoint a neutral guardian for the mother's welfare.

3. Strategy

Attorney Jong-Eon Noh, the firm's managing attorney, and Attorney Jeong-Woong Moon made the prompt filing of the petition for commencement of adult guardianship their top priority, given the urgent situation in which the disposal of property was imminent.

The petition specifically explained the mother's diminished cognitive state. The circumstances of her hospitalization after the fall, her physical condition requiring 24-hour care, repeated mistakes in daily life, and hallucination-like symptoms were organized together with medical records to demonstrate that she continuously lacked the ability to manage her affairs.

Regarding the appointment of a guardian, we described in detail the severe conflict within the family and emphasized that appointing any one of the children as guardian would be inappropriate. We asked the court to appoint a neutral third-party guardian, such as a professional or a guardianship corporation, who could manage the property and protect the person's welfare from an impartial and objective standpoint. In cases with severe family discord, the selection of a guardian itself often becomes another source of dispute, so from the outset we put forward the option of a professional guardian.

At the same time, we organized and submitted evidence regarding the sale process of the apartment already disposed of by the sibling, the whereabouts of the proceeds, signs of forged power of attorney documents, and the fact that an additional sale contract had been concluded. These materials were designed to support the urgency of the adult guardianship petition while also serving as key evidence in future lawsuits, such as division of inherited property or claims for return of the reserved portion of an estate.

JONGBEON Law Firm is led by a representative attorney who previously served as a presiding judge at the Family Court, and one dedicated team consistently handles the full range of family disputes involving elderly parents, including adult guardianship, division of inherited property, and reserved share claims. Just as the materials secured at the guardianship stage can be connected to evidence in later inheritance litigation, organically linking each stage of the case is the way JONGBEON works.

4. Result and Significance

Immediately after the petition for adult guardianship was filed, the mother passed away, and the benefit of seeking the commencement of guardianship was extinguished. In accordance with the court's recommendation, the case was legally closed by withdrawing the petition.

However, the materials secured during the response to this case, such as the circumstances of the property disposal, signs of forged power of attorney documents, and the whereabouts of the sale proceeds, became a foundation that could later be used as key evidence in inheritance property division and related follow-up litigation. In an urgent situation where property was being disposed of without authorization, this case is meaningful in that it immediately utilized the legal tool of adult guardianship and established a legal basis for protecting a parent's property rights.

If signs emerge that an elderly parent with diminished cognitive ability is being stripped of property unilaterally by one of the children, a petition for the commencement of adult guardianship can be the most effective initial response. If you are wondering how to respond in a similar situation, we recommend consulting a specialist, as the outcome may differ depending on the specific facts of the case.

Attorney in charge: Attorney Jong-Eon Noh · Attorney Jeong-Woong Moon

To protect confidentiality, this case has been partially de-identified to the extent that it does not compromise the essence of the matter.

If you are in a similar situation, the video below may be helpful.