Empowering Autonomy: Lessons from Japan’s Supported Decision-Making and Trust Law Frameworks for Thailand’s Aging Society
Keywords:
Autonomy, Aging Society, Supported Decision-Making, Legal Capacity, Trust LawAbstract
Thailand has an aging population and a rise in dementia-related disabilities, exposing gaps in its legal system to protect autonomy and financial security. Thailand’s reliance only on court-appointed guardianship is the cause of elder abuse, neglect, and financial exploitation. Without comprehensive reviews mechanisms, trust law mechanisms, and Supported Decision-Making (SDM) alternatives, the ability of older adults to act autonomously is quashed, which undermines the person’s legal capacity.
Japan entered an aging society earlier and showed a way forward through legal reform. Japan has developed SDM principles alongside voluntary guardianship and review mechanism of guardianship arrangements which promote autonomy while providing necessary safeguards. Japan’s Trust Act (2006) also allows elderly individuals to establish trusts to manage assets without being dependent on guardianship for financial security.
This article uses comparative legal analysis regarding statutory frameworks, practical challenges, and potential reforms for Thailand. It also touches on matters of private international law on cross-border recognitions of guardianship, and trusts.
These findings suggest the key reforms for Thailand in relating to voluntary guardianship, periodic compulsory reviews, the introduction of a trust law system, and national SDM frameworks. These measures would bring Thailand’s legal architecture in line with international human rights standards to secure its aging population’s dignity, autonomy, and financial security.
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