Online courses for adult education and recurrent education. Regional Academia Research and Practice Organization (Kanagawa Prefecture)

Theme ①: Trouble related to financial transactions for the elderly - From the JBA ADR dispute case

Reporter: Masafumi Ohno (Delegator, Financial ADR Department Mediation Committee Secretariat, Japanese Bankers Association)

overview:

The needs of the elderly for financial transactions, such as building financial assets for retirement and planning for inheritance tax, are expanding, and financial institutions are providing various products and services to meet these needs. A number of problems and disputes have arisen in financial transactions involving the elderly, such as mismatches in understanding and needs of financial products and services among the elderly, and conflicts of interest with the heirs of deceased parties to the transaction. Here, we will introduce problems with elderly transactions, points to be pointed out in dispute resolution, etc., with reference to cases involving elderly people, which are the most frequently filed cases of mediation in the JBA ADR, and in particular sales of risky products. I would like to show you how to provide customer-oriented responses.

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Theme 2: "It's my money!" Lifestyle support and financial management in daily life - Field report from the perspective of a social worker

Reporter: Aya Futatsuka (Kofu City Social Welfare Council, Social Worker)

overview:

A person's life is made up of various elements, but one that cannot be separated is "money".

As social workers, we work to support people's daily lives in their communities. Money is an inseparable part of this job.

Everyone's life is different, and each person has continued to live their life to this day while coming to terms with the environment and society in their own way. When a self-proclaimed ``supporter'' intervenes in this continuity, a conflict arises between the person's feelings and those of the ``supporter.''

I would like to consider various money-related problems and challenges that elderly people, dementia patients, their families, and supporters encounter in their daily lives through specific consultation cases.

Theme 3: Challenges of financial products and services for the elderly - Based on the 2023 amendment to the German Care Act

Reporter: Hiroki Hachiya (Expert Director, Sumitomo Mitsui Trust Bank, Professor, Chuo University Research and Development Organization)

overview:

In Japan, the aging of the population is progressing at an unprecedented rate in the world, and there is an urgent need to develop a legal support system for asset management and personal protection for the elderly.

In managing the assets of the elderly, the adult guardianship system (particularly the voluntary guardianship system), which was introduced in 2000 with the revision of the Civil Code, and the trust system, which is similarly based on the principle of respecting self-determination, can be effective measures. In a trust, by transferring the name to the trustee through the transfer of property rights, it is possible to create a conversion function of freezing the person's will, which cannot be achieved under the civil law system, and it is considered to be an effective means of asset management in an aging society. It is being

Currently, financial transactions using voluntary representation are mainly being considered in Japan, but this is contrary to the global trend that considers proxy decision-making that limits the ability of the principal to be problematic, and Japan's evaluation of the Convention on the Rights of Persons with Disabilities. is indifferent to We will consider Japan's legal issues by focusing on the philosophy and trends of Germany's revised caregiving law, which came into effect in January 2023.

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Theme ④: Issues regarding agents, etc. in disbursing elderly deposits

Reporter: Tomoko Fukuda (Ibaraki University Lecturer)

overview:

The “Financial Services Council Market Working Group Report - Towards the advancement of customer-oriented business operations” published in August 2020 addressed the need for customer-oriented business operations for elderly customers, and Recommendations were made on how the agency should be handled and how to strengthen cooperation between financial institutions and welfare-related organizations. Since then, the Japanese Bankers Association has presented its approach regarding financial transactions, and various initiatives are currently underway. Therefore, in this lecture, we will examine the problems associated with having relatives pay out elderly people's savings on their behalf, based on reports and other sources.