建構高齡者的經濟安全 --以保險信託制度研究為中心

Abstract

高齡者單身化、獨居成為趨勢，當其無法處理自身事務時，更須有人協助，故政府積極推動安養信託及意定監護制度，希望能使高齡者正視問題預作規劃。 國人喜愛買保險，且保險是政府提倡老後相關風險規劃之工具，因而保險資產佔高齡者資產相當比例，故保險資產安全對高齡者至關重要，保險亦佔金融剝削相當案例。高齡者失智、失能後若受監護宣告或輔助宣告，現行成年監護制度對高齡經濟安全之保障不足，金管會現正就高齡經濟安全推動之安養信託，尚無法納入其推動之高齡化保險各種保險給付，恐對高齡者經濟安全產生缺口。 就保險結合信託業務目前僅有保險金信託，並不含括保險信託，無法將保險資產完整納入信託財產。保險信託業務，因現行法令信託業不得擔任保險契約之要保人受到限制，曾有保險法修正提案，惟主管機關以要保人無保險利益拒絕。惟參考外國立法例、團體保險之修正草案及信託導管理論，重新建構保險信託之保險利益非無可能，若能使信託契約之受託人對委託人具有保險利益，將保險契約納入信託財產，俾使完整保險資產能以信託制度保障。 另國人對信託仍陌生，保險結合信託更是缺乏認識，若能開放引進信託契約代理人制度，擴大民眾接觸相關商品之機會，並提供保險業有銷售之誘因，除對保險結合信託業務之推展有幫助，亦能促使國人能認識自身之風險並進而為相關規劃。 政府鼓勵高齡者事前規劃，希免除個人、家庭甚至社會之困擾，因此高齡經濟安全相關制度之建置必須加快腳步，使國人得透過事前準備及規劃，免除遭遇金融剝削之風險，保障其經濟安全!

The elderly single and living alone is the current trend. When they are unable to handle their own affairs, they need someone to help them. Therefore, the government actively promotes elder care trust and voluntary guardianship system, hoping to enable the elderly to face up to the problems and make plans in advance . On the one hand, our people like to buy insurance, and the government also encourages us to purchase commercial insurance to control risks. Therefore, insurance assets account for a considerable proportion of the assets of the elderly. The safety of insurance assets is vital to the elderly, and insurance is also vulnerable to the risk of financial exploitation. When the elderly are demented or disabled, they may be declared by guardianship or auxiliary declaration. The current adult guardianship does not guarantee the economic security of the elderly. Various insurance benefits may create a gap in the economic security of the elderly. As for the insurance-combined trust business, there is currently only insurance benefit trust, which does not include insurance trust, and insurance assets cannot be fully included in the trust property. The insurance trust business is restricted due to the current law that the trust industry cannot act as the proposer of the insurance contract. There had been proposals to amend the Insurance Law, but the competent authority rejected them because the proposer has no insurance interest. However, with reference to foreign legislation, revision drafts of group insurance, and trust guidance theory, it is possible to reconstruct the insurance interests of insurance trusts. If the trustee of the trust contract can have an insurance interest in the settlor, the insurance contract can be included in the trust property, so that the complete insurance assets(including contract-related rights and obligations)can be guaranteed by the trust system. In addition, our people are still unfamiliar with trust, especially for insurance combined with trusts. If the trust sales channels can be opened up and the trust contract agent system can be introduced, the opportunities for the public to get in touch with related products can be expanded. The government encourages the elderly to plan in advance, hoping to avoid personal, family, and even social troubles. Therefore, the establishment of systems related to the economic security of the elderly must be accelerated, so that the elderly may avoid the risk of financial exploitation through advance preparation and planning, and protect their own economic security!