Preparing for future legal challenges in old age: the importance of “preventive access to justice”
Access to justice is generally discussed under the assumption that an individual has already encountered and experienced legal problems. There are physical, psychological, financial, and informational barriers to accessing the legal system to address such problems . However, similar to preventive medicine and care, some individuals may wish to access the legal system to prevent future legal issues. Accessing justice for preventive purposes is particularly important in middle and old age, as it becomes more difficult to deal with legal problems later in life. In such cases, individuals may face barriers when trying to access legal services . Therefore, this study aims to explore the preparatory actions of middle-aged and older adults regarding future legal challenges and to discuss the theory of “preventive access to justice” based on a survey analysis.
To identify people’s attitudes and preparations for future legal challenges, such as writing a will, arranging voluntary guardianship, and drafting advance directives, a web survey was conducted in February 2023. The author created the questionnaire, and a research company administered the survey to selected panelists. Over 3,000 survey panelists aged 50 to 69 completed the questionnaire, which consisted of two parts: preparation for inheritance and preparation for declining cognitive capacity . This study primarily focuses on the latter. The results showed that while more than 35% of the respondents identify the need to take action, such as creating an informal document, discussing with family members, or considering voluntary guardianship, far fewer respondents had actually made such preparations. Based on the survey results, the study discusses challenges in improving preventive access to justice.