Volume 3,Issue 9
Global Evolution of Voluntary Guardianship Systems Post-2020: Core Issues, National Practices and Trend Insights
Since 2020, voluntary guardianship systems worldwide have undergone profound adjustments driven by aging populations, family structure changes, and growing emphasis on individual autonomy. This paper focuses on five core issues: expanded application scope, diversified guardian qualifications, digital asset management inclusion, optimized supervision mechanisms, and advanced cross-border recognition. By analyzing legislative and practical developments across civil law, common law, and emerging economies, it reveals the balance between protecting vulnerable groups and respecting autonomy, identifies shared trends, and offers suggestions for system maturity through international exchange and localization, providing a reference for modern social care challenges.
[1] Hershkoff H, 2020, Voluntary Guardianship: A Proactive Approach to Incapacity. Harvard Journal of Law & Public Policy, 43(2): 457–489.
[2] Schulz R, Burchardt M, 2021, Limitations of Pre-2020 Voluntary Guardianship Frameworks: A Cross-National Analysis. Journal of Social Policy, 50(3): 612–630.
[3] Daly M, 2022, Unmet Needs: Non-Traditional Groups and Guardianship Gaps. Elder Law Journal, 30(1): 78–101.
[4] United Nations, 2023, World Population Prospects 2022. UN Department of Economic and Social Affairs, United Nations.
[5] World Health Organization, 2021, COVID-19 and Vulnerable Populations: Care Challenges and Policy Responses. World Health Organization, United Nations.
[6] Morris P, Sacks O, 2022, Post-Pandemic Guardianship Reforms: A Global Overview. International Journal of Law and Psychiatry, 82: 101658.
[7] Cohen J, 2021, Comparative Voluntary Guardianship: Lessons for Global Reform. American Journal of Comparative Law, 69(4): 890–924.
[8] Arlt C, Berger M, 2022, Expanding Guardianship Scope: Global Trends Post-2020. German Law Journal, 23(4): 789–806.
[9] Müller S, 2022, Germany’s 2022 Civil Code Revision: Temporary Incapacity and Guardianship. European Journal of Social Law, 28(3): 219–235.
[10] Tanaka Y, 2021, Simplified Guardianship for Japan’s Elderly: Procedure and Impact. Asia Pacific Law Review, 29(3): 245–261.
[11] Smith J, Jones R, 2022, Lasting Power of Attorney Reforms: Young People with Progressive Diseases in the UK. Modern Law Review, 85(5): 923–941.
[12] Garcia L, 2022, Specialized Guardianship Agreements in California. California Law Review, 110(3): 678–702.
[13] Silva M, 2022, Single-Person Households and Guardianship in Brazil. Brazilian Journal of Private Law, 19(4): 312–328.
[14] Council of Europe, 2023, Voluntary Guardianship Scope Expansion: Guidance for Member States. Council of Europe Publishing, London.
[15] van der Mei S, 2023, Defining Temporary Incapacity: Judicial Discretion in Guardianship Cases. Netherlands International Law Review, 70(2): 189–207.
[16] Ruggiero S, 2021, The Decline of Extended Families and Guardianship Reform. Journal of Family Law, 59(2): 156–179.
[17] United Nations Development Programme, 2023, Guardianship System Development Index. UNDP.
[18] Walsh SB, Cela CAS, 2016, Striking a Balance Between Privacy Expectations and Fiduciary Access to Digital Assets. NAELA Journal, 12(2): 101–123.
[19] State Bar of Texas, 2025, Digital Assets: Fiduciary Access and Estate Planning. State Bar of Texas, Texas.
[20] World Justice Project, 2023, Guardianship Power Abuse Global Survey 2023. WJP, London.
[21] Thompson G, 2022, Multi-Dimensional Supervision in Voluntary Guardianship. Journal of Professional Negligence, 38(1): 56–72.
[22] Texas Guardianship Association, 2025, What is Guardianship? Fiduciary Duties and Responsibilities. Texas Guardianship Association, Texas.
[23] United Nations Development Programme, 2023, Guardianship Supervision Capacity in Low-Income Countries. UNDP.
[24] Martinez R, 2022, Cross-Border Guardianship Recognition: Demand and Trends. European Law Journal, 28(6): 1012–1029.
[25] European Commission, 2022, Brussels II bis Regulation Implementation Report 2022. EC Publications Office, Europe.
[26] Hague Conference on Private International Law, 2023, Digital Assets and Cross-Border Guardianship. HCCH. Europe.
[27] de Boer A, 2023, Continuing Powers of Attorney: Lessons from Belgium, England, Germany and Switzerland. Family & Law, 2023(2): 1–49.
[28] Arlt C, Berger M, 2022, Professional Guardianship in Germany: Qualification and Practice. German Law Journal, 23(4): 789–806.
[29] Vermont General Assembly, 2025, Vermont Revised Uniform Fiduciary Access to Digital Assets Act. Vermont General Assembly, London.
[30] European Commission, 2023, Judicial Cooperation in Civil Matters: Guardianship and Protection of Adults. Europe.