고령자의 후견을 위한 가족 간 공동명의 예금계좌의 법적 쟁점 ―영미법상 older adult joint bank account 제도의 시사점―

Abstract

The purpose of this study is to introduce a joint bank account for the purpose of adult guardianship in the Common law and find out the implications of this system. As the aging society accelerates, the importance of the adult guardianship increases. In Korea, the use of the adult guardianship system is low compared to that of major advanced countries. One of the most important aspects of adult guardianship is the management of the elderly's wealth especially cash holdings, which is generally vulnerable to “financial abuse”. In Korea, there is a practice of managing the older parents’ cash holdings by the de facto guardians such as adult children. However, this method has a limit in protecting the property of the elderly, and at the same time has a side effect that family members can use it inappropriately. The authors illustrate the use of “joint bank accounts” for the purpose of adult guardianship in Common law states because it is already widely used in many countries. Of course, it is possible to open a joint bank account in Korea but it is not suitable for protecting the elderly because it is generally opened for a specific purpose, for example business partnerships, and the sole right of withdrawal is limited. The authors suggest that it is desirable to open a joint bank account with equal rights between the elderly and the guardian. Also, it will be possible to transfer the balance to the guardian after the death of the elderly by a special contract. In conclusion, if the “Korean-style joint bank account” is possible, it is simpler and less expensive than the current adult guardianship system which is leaded by the court, and it will fit well with Korean traditional familism in favor of kinship guardians. The authors suggest that such joint bank account can be a powerful solution for the guardianship in Korea where the guardianship system is considered not established properly or developed. Based on the experiences of major advanced countries, it is expected that such a practice will emerge in Korea in the near future.