| Abstract: | 根據行政院國家發展委員會推估，我國將於民國107年邁向高齡社會。針對老人財產管理及身心照護問題，本文採取文獻分析法作為研究方法，以老人安養信託為主軸，藉由相關研究論述及實務運作之探討，就現行制度提出改善建議。
文中先行介紹信託的觀念，包含信託的源起及定義、信託的功能、信託的分類以及我國信託及老人安養信託發展之概況。
其後針對老人信託財產之種類，包括金錢、動產、有價證券、不動產及保險，論述老人安養信託所遭遇到的障礙並提出相關看法；而後對於金融監督管理會於民國104年起所採取的一連串老人安養信託政策亦加以評析並提出建議。
文中亦介紹了日本任意監護制度及監護制度支援信託架構，並建議我國短期可採任意監護與監護制度支援信託制度之結合架構，而長期則可推動任意監護與強制信託結合架構，以確保老人財產安全。
最後統整出主要幾點建言，希冀政府為實現老有所終的大同社會，應立即著手進行。
According to the Population Projections for R.O.C. from the National Development Council of the Executive Yuan, our country will be the “age society” in the year of 2018. Facing to the estate management and the nursing care issues of the aging people in the near future, this study explored the theories and related practices on the “Trust for the elderly care” based on the documentary analysis; moreover, came out some suggestions to enhance the Trust.
In the beginning, the study introduced the concept of the trust, including the origination and the definition, the function and categories of the trust; meanwhile, the development of the Trust businesses as well as the Trust for Elderly Care in Taiwan.
Second, the study analyzed the difficulties and solutions in different categories of the trust property such as money, movable property, securities, real estate and insurance, when scheme the elderly care trust. Moreover, the study examined the series Elderly Care Trust policies announced by the Financial Supervisory Commission (FSC) in 2015 and made some suggestions on it.
Also, the study introduced the “Voluntary Guardianship” and the “Trust for Guardianship Support” in Japan. In short-term, we may adopt the advantages from both the “Voluntary Guardianship” and the “Trust for Guardianship Support” to scheme the Trust for Elderly Care of our own country. In long-term, in order to assist the elderly people to secure their own property, we may push forward to scheme the unique trust based on the “Voluntary Guardianship” and the “Compulsory trust” in the future.
In the end, the study summarized some suggestions to our government. In order to care people “for the aged till death”, which is to achieve so-called a “Great Harmony” society from Confucius, we do hope the government to adopt the suggestions in progress. |
