고령사회의 주요 법률문제와 변호사의 역할

By 2025, the elderly population aged 65 and older in Korea is expected to account for 20.3% of the total population, marking the nation’s entry into a super-aged society. The status of the elderly within families and society is gradually weakening, and it has become increasingly challenging to rely solely on traditional Confucian values of filial piety to ensure respect and care for the elderly. Consequently, various legal issues are anticipated to arise. In this context, legal professionals, particularly attorneys, are expected to play a crucial role in helping the elderly conclude their remaining years in safety and peace. First, the role of protecting the personal welfare of the elderly. It is essential to prioritize the well-being of the elderly and establish measures to make decisions regarding their personal matters. While the current adult guardianship system is designed to serve this purpose, it is often complex and has several limitations. Therefore, attorneys need to thoroughly assess the strengths and weaknesses of the adult guardianship system and provide legal advice and guidance tailored to the specific circumstances of each elderly individual. Second, the role of managing the assets of the elderly. It is often challenging for elderly individuals to manage their own assets effectively due to a lack of understanding of the relevant systems. Even when delegating asset management to third parties under existing systems, there are limitations, such as difficulties in preparing for sudden cognitive impairments or dementia. Attorneys can assist by reviewing the elderly individual's asset portfolio and developing long-term asset management plans using tools like trusts to ensure effective management of their resources. Third, the role of facilitating asset succession for the elderly. In the past, discussions of inheritance were often avoided due to its association with death, leading to unpreparedness and unsatisfactory outcomes. However, preparing for asset succession in alignment with the elderly individual's intentions is a crucial task to ensure the family's stability and prosperity. Attorneys should strengthen their expertise in inheritance matters to provide comprehensive support. They should also research and promote instruments such as testamentary substitute trusts, which enable the elderly to reflect their intentions concretely and continuously throughout the inheritance process.