There are cases in which the adult guardianship system is used as a bridge in inheritance planning, but there was a report of a district court sentencing a judicial scrivener who embezzled funds to six years in prison.

A defendant in their 40s in Okayama Prefecture, who had served as vice president of the Okayama Prefecture Judicial Scrivener Association, was charged with embezzlement in the course of business and other offenses for embezzling more than ¥80 million in clients’ bank deposits in connection with adult guardianship work and other matters. On the 21st, the Okayama District Court sentenced the defendant to six years' imprisonment and a fine of ¥300,000 (the prosecution had sought eight years' imprisonment and a ¥300,000 fine), calling it "a highly malicious crime that grossly violates professional ethics" (Sanyo Shimbun, December 21, 2015 (Japanese)).

The key points are probably as follows.

  • Former vice president of the Okayama Prefecture Judicial Scrivener Association
  • The amount of damage was approximately ¥87 million
  • The money was used to buy gifts for a romantic partner and a home in which to live together
  • The defendant was charged with embezzlement in the course of business and other offenses

It is a lesson that we cannot let our guard down even with someone who has served as vice president of a Judicial Scrivener Association.

It is better to choose someone who backs up proper reports with evidence than to rely on a title.