Taipei City social worker supervisor misappropriated more than NT$12 million in property from five elderly people. Lawyers urge early planning for guardianship or nursing care trust

Jiang Yijie, a former social worker supervisor of the Taipei City Social Affairs Bureau, needed to keep the bankbook seals of the elderly under guardianship because of her business. However, she misappropriated at least five elderly people and more than 12 million yuan in property in Wenshan District. She was not discovered until she moved to New Taipei City. As singles and inmates become the mainstream, lawyer Chen Qiujun reminded that singles or inmates must make a "willful guardianship" before losing their ability to act and go to the court to notarize the designated guardian or nursing trust.

Because of her business, Jiang Nu misappropriated the property of the warded elders, and she misappropriated more than 12 million yuan in just one year. It was not discovered until she was transferred from the Taipei City Social Affairs Bureau to New Taipei City. An inspection and search of Jiang Nu’s residence found a large number of Hermès, Chanel and other boutiques. Chen Qiujun, a co-counsel at Yanlu Law Firm with many years of experience as a judge in civil courts and family courts, said that many elderly people are losing their behavioral abilities. After the elderly person becomes disabled (such as dementia or an accident, etc.), the competent authorities such as the Social Affairs Bureau, interested parties, social welfare agencies, relatives, prosecutors, etc. can apply for a guardianship declaration for the elderly person. After the court accepts the application, it will directly appoint the guardian of the elderly person. If the elderly person has no relatives and no support, in practice, the social bureau of the local county and city government will obtain guardianship rights. The social worker supervisor surnamed Jiang followed this model.

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With the increase in the number of singles and prostitutes, it is foreseeable that many Chinese people may not have children or relatives to serve as guardians when they grow old in the future. To avoid the self-stealing behavior of social workers in Beijing City, Chen Qiujun pointed out that with the passage of the "voluntary guardianship" law in the country, it is recommended that people after turning 50 years old, when planning their retirement life, or before retiring at the legal age of 65 at the latest, can choose to take care of themselves while they still have the ability to act. "Intentional guardianship", because voluntary guardianship is a contract between private individuals, the contract must be notarized. After notarization, the court will record it. If the applicant loses the ability to act in the future, the voluntary guardian can obtain the guardianship, and the voluntary guardian can be more than 2, which can be an ordinary person or a corporate legal person. She said that if there are more than 2 voluntary guardians, the risk of property misappropriation can be reduced.

Chen Qiujun further pointed out that if you do not want to choose voluntary guardianship, you can also choose a bank Anyang trust. The property will be kept by the bank and a designated amount will be allocated to the applicant every year. However, since Anyang trust is signed with a bank, the amount is usually larger, and some banks will bundle Anyang trust and investment into products for sale.

No matter which method is used, Chen Qiujun said that the guardian with the guardianship of the elder can only deal with movable assets such as deposits. If he wants to sell real estate such as houses and land, he must apply for court permission. Therefore, the property Jiang Nu embezzled from the guardian elder is movable property, not real estate.