Does the guardian refer to the head of the household on the family register?

The head of household on the family register is not considered a guardian.

The guardian is based on blood relationship and kinship in accordance with the provisions of the law, and has no direct relationship with the head of the household register. Unless there are special circumstances, the guardians of minors are all parents of minors.

"Legal guardian" refers to a person who serves as the guardian of a person with no or limited capacity for civil conduct in accordance with the direct provisions of the law, and performs guardianship duties. According to the provisions of the General Principles of Civil Law, legal guardians include the legal guardians of minors and the legal guardians of mentally ill persons. There are three types of legal guardians for minors:

One is the parents of minors; (2) the minor's grandparents and other close relatives and friends; The third is a legal person organization such as the minor's parents' unit or the residents' committee, villagers' committee, or civil affairs department for the minor's residence. The order of serving as guardians is determined according to the proximity of blood relations and organizational relations, with the former excluding the latter in the order of exclusion. There are four types of legal guardians for the mentally ill:

One is spouses, parents, and adult children. The second is other close relatives, such as grandparents, maternal grandparents, brothers and sisters who have guardianship ability. The third is other close relatives and friends.

Fourth, the residents' committees and villagers' committees of the mentally ill person's unit or place of residence, and the local civil affairs department. The determination of the guardian is also carried out in the order listed above. As a legal guardian, the guardianship capacity should be provided.

The guardianship capacity of a guardian is to be determined primarily on the basis of factors such as the guardian's physical health, economic conditions, and contact with the ward.

Not necessarily, it's your parents.

Legal analysis: The head of household on the household register is not necessarily the guardian of the child, and in order to protect the interests of the ward, each guardian must fulfill his or her obligations. A supervisor is a person who is responsible for supervising and protecting the person, property and all other legitimate rights and interests of a person who is incapacitated or has limited capacity.

Generally speaking, minors, mentally ill people, and other people with severe mental disorders should have guardians.

Legal basis: Article 17 of the Civil Code of the People's Republic of China: Parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Legal analysis: The guardian does not have to be the person on the household register. In most cases, it is the parents, and in a few cases, other relatives and court-appointed guardians.

Guardian refers to a person who has the responsibility to supervise and protect the person, property and all other lawful rights and interests of a person who is incapacitated or has limited capacity. Generally speaking, minors, mentally ill people, and other persons with severe mental disorders should be appointed guardians, and guardians are based on blood relations and kinship in accordance with the provisions of the law, and have no direct relationship with the head of the household register.

Legal basis: Civil Code of the People's Republic of China

Article 26: Parents are clearly determined to have an obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.

Article 27: Parents are the guardians of minor children. Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order: (1) grandparents or maternal grandparents; 2) brother and sister; 3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 31: Where there is a dispute over the determination of a guardian, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian, and where the relevant parties are not satisfied with the designation, they may apply to the people's court to request the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian. Residents' committees, villagers' committees, civil affairs departments, or people's courts shall respect the true wishes of the ward, and follow the principle of the best interests of the ward to appoint a guardian among those who have guardianship qualifications in accordance with law. Where the ward's personal rights, property rights, and other lawful rights and interests are unprotected before a guardian is appointed on the basis of the provisions of the first paragraph of this article, the residents' committee, villagers' committee, relevant organization as provided for by law, or civil affairs department for the ward's domicile is to serve as the temporary guardian.

After the guardian is appointed, it must not be changed without authorization; Where changes are made without authorization, the responsibility of the appointed guardian is not exempted.

The guardian does not necessarily refer to the head of household on the household register. Guardian refers to a person who has no guardianship duties for the person, property, and all other lawful rights and interests of a person who lacks civil capacity and has limited capacity for civil conduct. The guardian should have guardianship capacity, meet the legal qualifications, and fulfill the guardianship duties, otherwise he must bear the corresponding legal responsibility.