Family Act Article 174
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.
With regard to motions for a declaration of commencement of guardianship, where the court, despite considering the circumstances do not meet the statutory requirements for subjecting the person concerned to guardianship, nonetheless considers that there exists a cause for subjecting the said person to assistance, it may, upon motion by the parties or on its own initiative, make a ruling pronouncing a declaration of commencement of assistance.Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the applicant and the person who is to be subject to the declaration of commencement of assistance.The court ruling made in accordance with Paragraph 1 of this Article shall cease to be effective upon the entry into effect of the declaration of commencement of guardianship.
中文原文 家事事件法第174條
法院對於監護宣告之聲請，認為未達應受監護宣告之程度，而有輔助宣告之原因者，得依聲請或依職權以裁定為輔助之宣告。
法院為前項裁定前，應使聲請人及受輔助宣告之人有陳述意見之機會。
第一項裁定，於監護宣告裁定生效時，失其效力。
法院為前項裁定前，應使聲請人及受輔助宣告之人有陳述意見之機會。
第一項裁定，於監護宣告裁定生效時，失其效力。