발달장애인 신탁의 필요성과 활용방안

초록

Persons with developmental disabilities need constant support by others for their property management and making contracts, because they have disabilities in decision making ability and are situated in unfavorable social and economic environment. To survive such disadvantageous environment and live in dignity safely and comfortably, they should be provided with various special schemes. Such schemes should not deprive and restrict their legal capacity and exclude them from communities, whereas they are empowered to overcome their drawbacks and disabilities by such schemes, with their wishes and needs fully respected. This paper proposes that trusts for persons with developmental disabilities be introduced for such a purpose. It explains the structure and operation of the trust for persons with developmental disabilities. Moreover, it argues as well that appropriate combination of guardianship and trust can secure the integration of persons with developmental disabilities into communities, without deprivation and restriction of their legal capacity. Finally, this paper suggests that trusts for persons with developmental disabilities should lead to special needs trusts for them because only such a scheme can take into consideration their characteristics that they have difficulties at earning by employment.

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