In what department is the guardianship certificate opened

Updated on society 2024-03-26
6 answers
  1. Anonymous users2024-02-07

    The certificate is issued by the residents' committee of the police station where the household registration is located, or by the civil affairs department.

    1. Article 17 of the "General Principles of the Civil Law" stipulates that for a mentally ill person who lacks or has limited capacity for civil conduct, the following persons shall serve as guardians, spouses, parents, adult children, other close relatives, other close relatives, or friends who are willing to assume guardianship responsibilities, with the consent of the residents' committee or villagers' committee of the mentally ill person's unit or residence.

    2. Where there is a dispute over serving as a guardian, the mentally ill person's unit or the residents' committee or villagers' committee for the place of residence is to appoint it among close relatives, and where a lawsuit is raised against the designation, the people's court is to make a ruling, and where there is no guardian as provided for in the first paragraph, the residents' committee, villagers' committee, or civil affairs department of the mentally ill person's unit or domicile is to serve as the guardian.

    3. Where the relevant organization appoints a guardian in accordance with the provisions of the General Principles of the Civil Law and notifies the designated person in writing or orally, it shall be deemed that the designation is established, and if the designated person is not satisfied, it shall file a lawsuit with the people's court within 30 days of receiving the notice, and if the lawsuit is filed within the time limit, it shall be handled as a modification of the guardianship relationship, and after the guardian is appointed, it must not be changed on its own, and where it is changed without authorization, the original appointed guardian and the changed guardian shall bear guardianship responsibility.

  2. Anonymous users2024-02-06

    If the ward is under the age of 18, the certificate of guardianship of the minor shall be issued at the household registration management department of the public security organ where the minor's household registration is located. If the ward is a mentally ill person with no or limited capacity for civil conduct, the certificate shall be issued by the residents' committee, villagers' committee, or civil affairs department.

  3. Anonymous users2024-02-05

    Legal Analysis: The certificate of the guardian of the minor should go to the place where the minor's household registration is located, and the household registration management department of the public security organ shall issue it. If the ward is a mentally ill person with no or limited capacity for civil conduct, the certificate shall be issued by the residents' committee, the villagers' committee, or the civil affairs department.

    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;

    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 32: Where there is no person with guardianship qualifications in accordance with law, the civil affairs departments are to serve as guardians, and may also be served by the residents' committee or villagers' committee for the ward's domicile that has the capacity to perform guardianship duties.

  4. Anonymous users2024-02-04

    According to the law, guardianship certificates are generally issued by residents' committees, villagers' committees, and civil affairs departments. Where the parties dispute 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 they are not satisfied with the designation, they may apply to the people's court for designation.

    Legal basis] Paragraphs 1 and 2 of Article 31 of the Civil Code.

    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.

    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.

    If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

  5. Anonymous users2024-02-03

    1. If the ward is a person who has not yet become a person who has been harassed by the hail, the guardianship certificate shall be issued by the household registration management department of the public security organ;

    2. Where the ward is a mentally ill person who has no capacity for civil affairs or has limited capacity for civil conduct, the guardian certificate shall be issued by the residents' committee, villagers' committee, or civil affairs department.

    Legal basisArticle 27 of the Civil Code.

    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 only with the consent of the residents' committee, village committee, or civil affairs department for the minor's residence.

  6. Anonymous users2024-02-02

    According to the law, the guardian's certificate is generally issued by the residents' committee, the villagers' committee, and the civil affairs department. Where the parties have a dispute over the determination of a guardian, the residents' committee for the ward's domicile, the villagers' committee member Liang Gaojiao, or the civil affairs department shall appoint a guardian, and if they are not satisfied with the designation, they may apply to the people's court for designation.

    Legal basisArticle 31 of the Civil Code, paragraph 1 and paragraph 2.

    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.

    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.

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