高齡父母生活自主安排之研究──從「受扶養權利」至「扶養協議」

The Self-Arrangement of Aging Parents–From Maintenance Right to Maintenance Agreement

系所名稱：法律學系
學位別：碩士
畢業學年：109
指導教授：郭書琴
我國已於 2018 年正式邁入「高齡社會」。然而，隨著高齡人口的增加、家庭型態之轉變、少子化社會的來臨，高齡者之扶養需求逐漸成為我國棘手之問題。當前我國高齡者扶養以家庭、成年子女之私扶養為主，因此本文將聚焦於高齡父母與成年子女間之扶養權利義務關係，探討現行扶養制度是否足以應付現代社會與家庭之變遷。
本文先於第二章介紹高齡父母於民法扶養規範，以及家事事件法針對扶養事件之規定，透過實際案例點出法律對於高齡父母受扶養權利之極限，並且說明，一味強調「孝道」並非解決高齡父母扶養困境之方法。於第三章，作者以美國法為借鏡，美國社會向來強調高齡父母獨立自主生活之養老觀，同時反映於「孝道責任法 (Filial Responsibility Laws)」之施行現況。另外，對於高齡父母之照護需求，和自 身財產之預先規劃，美國實務發展出「個人照護契約(Personal Care Contracts)」， 值得我國借鏡。
接著在第四章，反身檢討我國目前高齡父母受扶養之實體與程序規範不足之處，即未滿足高齡父母多樣化之照護需求，與忽視高齡父母應承擔退休後養老生活之自己責任。有鑑於此，本文除了針對現行民法扶養規範，以及扶養事件所適用之程序法理提出相應之修正建議以外，也嘗試擬出有資力之高齡父母得與成年子女簽訂之扶養協議。
最後第五章，作者總結對於高齡父母受扶養權利之建言，並以扶養協議作為保障高齡父母自主權、強化高齡父母之自己責任，以及提供成年子女主動扶養、照護誘因之手段，期望於高齡父母與成年子女間製造雙贏之局面。

Taiwan has officially become an “aged society” in 2018. However, with the increase of the elderly population, the changes in family type, and the approach of a society with a declining birth rate, the demand for the maintenance of the elderly becomes a challenging issue in Taiwan. Presently, the maintenance of the elderly in Taiwan is mainly privately supported by adult children. Therefore, this paper will focus on the relationship between aging parents and their adult children in terms of their maintenance rights and obligations, and explore whether the current maintenance system is adequate to cope with the changes in modern society and families.
In chapter two, this paper first introduces the maintenance regulations of aging parents under the Civil Law and the regulations of the Family Proceedings Act on maintenance matters. Through actual cases, the limitations of the maintenance rights for aging parents under laws were pointed out, also explained that emphasizing "filial piety" is not the solution to the maintenance dilemma of aging parents. In chapter three, the author took a reference to American Law, for long the concept of self-managed living for aging parents has been advocated in American society, which was reflected in the current implementation of the Filial Responsibility Laws. In addition, to cope with the care demands and plan in advance their personal assets, the “Personal Care Contracts” developed by the U.S. is worthy of learning and pondering for Taiwan.
In the following chapter four, a review is conducted to examine the inadequacies of the current practical and procedural regulations for the maintenance of aging parents in Taiwan, namely, the insufficient fulfillment of various care requirements of aging parents and the neglect of their self-management responsibility of aging parents to take care of themselves after retirement. In view of this, in addition to proposing corresponding amendments to the maintenance regulations of the current Civil Law and the jurisprudence of the procedures applicable to maintenance cases, this paper also attempts to develop a maintenance agreement that can be contracted between aging parents and their adult children if they have the capacity for doing so.
In the final chapter five, the author concludes with recommendations on the maintenance rights for aging parents, using maintenance agreements as a means to protect the self-management of aging parents, strengthen their own responsibility of aging parents, and provide incentives for adult children to support and care for them, with the expectation of creating a win-win situation between aging parents and adult children.