不利益処分の名あて人としての「意思能力に欠ける者」

The Japanese Administrative Procedure Law, prescribing the procedures for adverse dispositions, is based upon the unconscious premise that the subject parties have enough mental capacity. When an adult guardian has been appointed for a person who constantly lacks the capacity to appreciate the person’s own situation due to a mental disorder, the necessary procedures are to be carried out for that adult guardian. If an adverse disposition is to be made against incapacitated persons without the adult guardian, however, how should such a disposition be handled by the administrative agencies? Japanese administrative law has no clear provision to deal with this question. Japanese administrative jurisprudence also hardly recognizes this problem. This paper presents the actual situation of the Japanese administrative agencies handling such cases. Specifically, it will introduce hard cases concerning the imposition of property taxes under the Local Tax Law, orders for removal under the Vacant House Law (VHL), and orders under “Garbage House Ordinances” enacted by the Municipalities. In 2023, the Amendment to VHL was enacted, which has introduced several new enforcement measures. Through the bill deliberation, it has become clear that these measures could not be taken to the mentally incapacitated person without an adult guardian. A new legislation should be introduced to tackle with this situation, where the person lacks the receiving capacity.