1. Process and Timeline for a Guardianship or Assistance Declaration, Approximately 5 to 8 Months

• Step 1. File a written application with the court for a guardianship or assistance declaration.
  • Please note that the court here refers to the court with jurisdiction over the person’s current place of residence
  • It does not refer to the court with jurisdiction over the person’s household registration address.

• Step 2. The court assigns the case and contacts a hospital to arrange a court-ordered psychiatric evaluation.
  • After the petitioner files the application, a court-ordered psychiatric evaluation will be conducted during the procedure. The court will arrange the evaluation schedule. The person subject to the guardianship or assistance declaration may be evaluated at their place of residence, or the petitioner may accompany that person to a designated hospital for the evaluation. The petitioner must also pay the evaluation fee according to the hospital’s notice.
  • It usually takes about three to four weeks for the physician to complete the evaluation report. Once completed, the report will be sent back to the original court.

• Step 3. The court issues an approval ruling, and the ruling becomes final.
  • After the court reviews the evaluation results and determines that the legal requirements are met, it will issue a ruling approving the application. It is important to note that after the court issues the ruling, the ruling does not take effect immediately.

  

• Step 4. After the ruling becomes final, complete registration at the Household Registration Office.
  • After the court issues an approval ruling, the ruling must be taken to the Household Registration Office for registration. Only after the registration is completed will the person officially become the guardian.
    
    (Updated on August 8, 2025.)
    In principle, the procedure for a declaration of commencement of guardianship or assistance usually takes five to eight months. However, with LY Land Administration Agent Office, it may be possible to complete the process within three months.

2. Time Required to Petition for a Declaration of Commencement of Guardianship or Assistance

3. Appointing Our Office to Handle the Application on Your Behalf

LY Land Administration Agent Office – Declaration of Commencement of Guardianship, Formerly Interdiction, or Assistance – Fee Schedule – Land Administration Agent Fees
Item		Fee
1	Basic fee for declaration of commencement of guardianship or assistance	NT$20,000
2	If other family members object and it is necessary to contest guardianship, accompany the client to court, prepare additional pleadings, or handle other related matters	Charged separately
3	Overseas authorization-related documents, such as where the person is abroad or has been removed from household registration	No charge
4	Applying for household registration transcripts or household removal transcripts on behalf of the client	No charge
Services are available throughout Taiwan, including other cities and counties.
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4. Estimated Total Costs for Petitioning for a Declaration of Commencement of Guardianship

All Costs
1	Land Administration Agent Office	Land administration agent service fee: NT$20,000
2	Evaluation Institution	Court-ordered psychiatric evaluation fee: approximately NT$14,000
3	Court	Court fee: NT$1,500
4	Post Office	Registered mail fee: approximately NT$100 to NT$200
		Estimated total payment: approximately NT$35,000

5. Frequently Asked Questions

1.  If a Medical Diagnosis Certificate Has Already Been Issued, Is a Court-Ordered Psychiatric Evaluation Still Required?

• Yes, absolutely. Even if the person who may be subject to guardianship is in a vegetative state, a court-ordered psychiatric evaluation is still required.
• Article 167, Paragraph 2 of the Family Case Act provides: “The evaluation shall involve a psychiatrist or a physician with psychiatric experience, who shall also issue a written report.”
• When petitioning for a declaration of commencement of guardianship, even if a medical diagnosis certificate issued by a hospital or a disability certificate, severe level, has been attached, the judge still cannot issue a ruling based solely on the attached medical diagnosis certificate or disability certificate if no court-ordered psychiatric evaluation has been conducted. The judge can only issue the ruling based on the hospital’s court-ordered evaluation report.
• During the court-ordered psychiatric evaluation, the guardian, namely the petitioner, must accompany the person who may be subject to the declaration of commencement of guardianship for the evaluation.

 

▲Sample payment notice for psychiatric evaluation fees
 

2. Important Notes After the Court Approves the Declaration of Commencement of Guardianship

• Under Article 169, Paragraph 1 of the Family Case Act and the first part of Article 48, Paragraph 1 of the Household Registration Act, the declaration of commencement of guardianship takes effect when the certificate of final ruling is served or announced in court. Registration of the declaration of commencement of guardianship must then be completed at the Household Registration Office within 30 days.
  

• After the registration is completed, the notes section of the new household certificate or household registration transcript of the person under the order of the commencement of guardianship will clearly show that the person is subject to a declaration of commencement of guardianship, and will state the full name of the guardian.
• Within two months after the guardianship ruling, the guardian must work with the person designated by the court to draw up a property inventory, list the property under the name of the person under the order of the commencement of guardianship, and submit it to the court.
• The Civil Code provides that a guardian must obtain court approval before disposing of real property, such as by sale or creation of a mortgage. Therefore, if the property inventory has not been submitted to the court, the guardian may not dispose of the property. Naturally, the court would not approve the guardian’s disposition of real property, and the land office would likewise be unable to complete the related real property registration.

3. Is It Necessary to Designate a Person to Draw Up a Property Inventory When Applying for a Declaration of Commencement of Assistance?

• No. It is only necessary to designate one assistant.
• A person to draw up a property inventory only needs to be designated when applying for a declaration of commencement of guardianship.

 

4. Can Multiple Guardians or Assistants Be Appointed for a Declaration of Commencement of Guardianship or Assistance?

• The court may allow multiple guardians to jointly act as guardians for the person under the order of the commencement of guardianship.
• The court may allow multiple assistants to jointly assist the person under the order of the commencement of assistance.
• This allows the guardians or assistants to perform their duties jointly or through division of responsibilities, while also achieving the legal effect of mutual supervision and checks and balances.

 

6. LY Land Administration Agent Office Service – Submission of Property Inventory, Property of the Person Under the Order of the Commencement of Guardianship

 

7. Comparison Between Declaration of Commencement of Guardianship and Declaration of Commencement of Assistance