EDITORIAL: Adult guardianship a pressing issue

The Ministry of Health and Welfare on Wednesday asked the Taipei City Government to launch an administrative investigation after a former supervisor at the Taipei Department of Social Welfare’s Senior Citizen Welfare Division was detained on suspicion of embezzlement.

The 38-year-old social worker, surnamed Chiang (江), reportedly used her position, which she held for about one year, to misappropriate a total of NT$12 million (US$377,596) from five elderly people under guardianship in Taipei’s Wenshan District (文山). An investigation after the department noticed funds were missing and a subsequent search of her home uncovered several luxury items including handbags.

The incident raises serious questions about how Taiwan’s social welfare system protects elderly people who, because of illness, disability or cognitive decline, can no longer independently manage their finances, property and other affairs. It should also prompt a broader re-evaluation of the nation’s adult guardianship system.

Taiwan officially became a super-aged society this year, with people aged 65 or older accounting for more than 20 percent of the population. That share is expected to rise as the birthrate continues to fall, with elderly people projected to make up 37 percent of the population by 2045. As the nation ages, more people would require institutional protections and welfare support if physical illness or cognitive decline leaves them unable to live on their own or make decisions independently.

This issue is particularly pressing as the prevalence and growth rate of dementia in Taiwan are estimated to be about 1.5 times the global average. Longer life expectancy does not necessarily mean longer healthy life expectancy, and if this trend continues, more Taiwanese could spend their later years with conditions that affect their cognitive abilities.

The Chiang case becomes even more significant when viewed in this context. If the allegations against her are true, it would mean one ill-intentioned person was able to exploit her position to embezzle millions from five vulnerable people in just 13 months. For elderly people who do not have family members willing or able to monitor their finances or advocate on their behalf, safeguards against such abuse are vital. As the number of people requiring guardianship grows, so does the potential consequences of inadequate oversight.

Chou Tao-chun (周道君), director of the ministry’s Social and Family Affairs Administration, this week highlighted differences between Taiwan and Japan, where professional third parties play a much larger role in adult guardianship. In 2022, 80.9 percent of court-appointed guardians in Japan were people other than family members, such as lawyers. Taiwan’s government is discussing whether such an approach could be introduced.

Japan’s experience is worth examining, not because its system is without flaws, but because it has had considerably more time to confront the challenges that come with an aging population.

Japan became the world’s first super-aged society in 2007. Its adult guardianship system has consequently undergone significant changes in the past two decades, including what researchers describe as the “socialization” of adult guardianship, in which professional third parties have increasingly taken on roles once played by family members.

Japan is still in the process of reforming its system. In April, the Japanese government passed a bill to overhaul adult guardianship, including allowing support recipients greater flexibility to end support or replace guardians. The new system would also allow certain asset-related transactions to be revoked when support recipients are found to lack the capacity to make appropriate judgements.

These reforms reflect the crucial principle that guardianship and elder care serve to protect people’s health, safety, rights and property, rather than simply grant control over them — a principle Taiwan’s authorities must carefully consider.

Regardless of its outcome, the ongoing case is an opportunity to re-examine this portion of Taiwan’s social safety net to bolster oversight, accountability and mechanisms to prevent abuse and conflicts of interest. The primary goal should be to ensure that when social welfare services, such as professional guardianship, are needed, the procedures and professionals involved are subject to clear standards, independent supervision and regular financial review.

The topic of elder care and the protection of elderly people’s rights would only become more relevant as the structure of Taiwan’s population continues to change. The accusations against Chiang have not only highlighted the potential vulnerabilities of a system that would face growing demands in the years ahead, but also opened a window for the government to meaningfully re-evaluate and improve the existing framework before these challenges become even more difficult to address.