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In addition to the fact that the parents are the guardians of minors? Who else can act as a guardian?
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For adults with limited capacity for civil conduct, the following persons with guardianship capacity are to serve as guardians in order: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) 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 ward's domicile.
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Usually the parents are the legal guardians of the juvenile mentally ill, and if the parents do not have the capacity to take custody, the grandparents may answer and take custody of them, and if the grandparents or maternal grandparents do not have the capacity for guardianship, the elder brother or sister with the ability to take custody will serve as the guardian of the guardians, and then other people and organizations.
[Legal basis].Article 27 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 guardianship capacity, 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.
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Legal Analysis: The legal guardian of a minor shall first be his or her parents, and if the parents are deceased or incapable of guardianship, the following persons shall serve as grandparents or maternal grandparents in the following order; Adult brother and sister. The residents' committee, villagers' committee, or civil affairs department of the minor's parents' unit or the minor's residence.
2. The legal guardian of a mentally ill person shall be the spouse, parent, and so on of the following persons in the following order:
Legal basis: Civil Code of the People's Republic of China
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 28: Adults who lack or have limited capacity for civil conduct are to be guardians by the following persons with guardianship capacity in order: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) 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 ward's domicile.
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The responsibilities of the mentally ill guardian are: 1. The mentally ill guardian has the responsibility of the ward to carry out the legal acts of civil chong bending; 2. Mentally ill guardians have the responsibility to protect the ward's personal rights, property rights, and other lawful rights and interests.
Article 30 of the Civil Code of the People's Republic of China provides that guardians may be determined by agreement between persons with guardianship qualifications in accordance with law. The agreement determines that the guardian shall respect the true wishes of the ward. 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 only with the consent of the residents' committee, villagers' committee members, or civil affairs departments for the minor's residence.
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