Question 50 for appointing a guardian, question for appointing a guardian

General Provisions of the Civil Code. Article 28: Adults who lack or have limited capacity for civil conduct are to be the guardians of the following persons with guardianship capacity in order:

a) Spouse; 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 residence.

Article 31: Where there is controversy 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 for 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 in accordance with 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 serves 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.

Legal Analysis: 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 for the appointment of a guardian; Relevant parties may also directly apply to the people's court for the appointment of a guardian.

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

Article 29: Where the parents of the ward serve as guardians, a guardian may be appointed through a will.

Article 30: Persons with guardianship qualifications in accordance with law may agree to determine the concealment of guardians. The agreement determines that the guardian shall respect the true wishes of the ward.

Article 31: Where there is controversy 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 for 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; If it is changed without authorization, the responsibility of the designated guardian shall not be exempted.

Legal Analysis: Determine the guardian: 1. The parents are the natural guardians of the minor children; 2. Where the minor's parents are deceased or have no capacity for guardianship, the persons with guardianship qualifications in accordance with law may agree to determine a guardian; 3. Where there is controversy over the determination of a guardian, the ward's resident committee, villagers' committee, or civil affairs department for the ward's domicile is to appoint a guardian.

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 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 place where the minor Duan Xiaopai is domiciled.

Methods of appointing guardians: The people's courts may, upon application by relevant individuals or organizations, revoke the guardianship qualifications of their parents, and lawfully appoint a guardian in accordance with the principle of the best interests of the ward. Both parents whose guardianship has been revoked should continue to fulfill their obligation to pay child support.

[Legal basis].

Article 36 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the people's courts are to revoke the guardian's qualifications to cover grandchildren, arrange for necessary temporary guardianship measures, and lawfully appoint a guardian in accordance with the principle of the best interests of the ward

1) Carrying out conduct that seriously harms the ward's physical and mental health;

2) Neglecting to perform guardianship duties in a dull manner, or being unable to perform guardianship duties and refusing to entrust some or all of their guardianship duties to others, causing the ward to be in a state of distress;

3) Carrying out other conduct that seriously infringes upon the lawful rights and interests of the ward.

Relevant individuals and organizations as provided for in this article include: other persons with guardianship qualifications in accordance with law, residents' committees, villagers' committees, schools, medical establishments, women's federations, disabled persons' federations, organizations for the protection of minors, lawfully established organizations for the elderly, civil affairs departments, and so forth.

Article 37.

Parents, children, spouses, and so forth who bear the child's support, alimony, or maintenance expenses in accordance with law shall continue to perform their obligation to bear the burden after the people's court has revoked their guardianship qualifications.

Legal Analysis: Appointment of Guardian Bridge: Parents are 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; (Friends and two) 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 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 and maternal grandparents are good to disappear; 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.

How to appoint a guardian:

1. Where parents serve as legal guardians, the guardian of the minor may be appointed by will;

2. Where guardians have carried out conduct that seriously harms the ward's physical and mental health, or neglect to perform guardianship duties, the relevant individuals may apply to the court to revoke guardianship in accordance with law, and appoint guardianship in accordance with the principle of the best interests of the ward.

[Legal basis].

Article 36 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the people's courts are to revoke guardianship qualifications on the basis of an application by relevant individuals or organizations, arrange for necessary temporary guardianship measures, and lawfully appoint guardians in accordance with the principle of the best interests of the ward:

1) Carrying out conduct that seriously harms the ward's physical and mental health;

2) Neglecting to perform guardianship duties, or being unable to perform guardianship duties, and refusing to entrust some or all of their guardianship duties to others, resulting in the ward being in a state of distress.

Article 27.

Parents are the guardians of minor children.

Where the minor's parents have died or there is 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.