Family Act Article 167
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
Where the court shall examines the person who should be subject to the declaration of commencement of guardianship in the presence of an expert witness. Nonetheless, the foregoing shall not apply where it is manifestly difficult to so conduct the examination or doing so is harmful to the health of the said person.A declaration of commencement of guardianship may not be made unless opinions from an expert witness been consulted on the psychiatric and mental state of the person who should be subject to the said declaration. An expert testimony shall be made with the participation of a psychiatric specialist or a medical doctor who is experienced with psychiatric treatment.
中文原文 家事事件法第167條
法院應於鑑定人前，就應受監護宣告之人之精神或心智狀況，訊問鑑定人及應受監護宣告之人，始得為監護之宣告。
但有事實足認無訊問之必要者，不在此限。
鑑定應有精神科專科醫師或具精神科經驗之醫師參與並出具書面報告。
但有事實足認無訊問之必要者，不在此限。
鑑定應有精神科專科醫師或具精神科經驗之醫師參與並出具書面報告。