Guardianship and maintenance of the elderly, the rights and obligations of the guardians of the elde

If the negotiation fails, they will file a lawsuit in court and claim that the other children fulfill their maintenance obligations. At the same time, it advocates a multi-share of the mother's inheritance.

Refer to the following Marriage Law of the People's Republic of China

Article 21.

Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.

Inheritance Law of the People's Republic of China

Article 10 The inheritance shall be carried out in the following order:

First order: spouse, children, parents.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

Article 15 The heirs shall, in the spirit of mutual understanding, mutual accommodation, harmony and unity, negotiate and handle the issue of inheritance. The time, method and share of the division of the estate shall be determined by the heirs through consultation. If the negotiation fails, the people's mediation committee may mediate or file a lawsuit in the people's court.

General Principles of the Civil Law of the People's Republic of China

Article 17: The following persons are to serve as guardians for mentally ill persons who lack or have limited capacity for civil conduct:

a) Spouse; b) Parents;

3) Adult children;

4) Other close relatives;

5) Other close relatives or friends who are willing to assume guardianship responsibilities with the consent of the mentally ill person's unit or residents' committee or villagers' committee for their place of residence.

Where there is controversy over serving as guardians, the mentally ill person's unit or the residents' committee or villagers' committee for the place of residence is to designate it among close relatives. Where a lawsuit is filed against the designation, the people's court is to make a ruling.

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.

You can go to the neighborhood committee for mediation, or you can sue directly, after all, it involves the property of your parents, and if you have been supporting your parents, the neighborhood committee or the court will most likely make a mediation or judgment in your favor.

If you can be private, try to be private. If you really can't, you have to go to court. Take a step back and open the sky.

My suggestion is:

1, can be as private as possible private, after all, Chinese do not like to be ugly.

2. If it doesn't work privately, then go to the court to sue. If this house is written in your mother's name, then after your mother dies, this house is considered an inheritance, and under normal circumstances, your brothers and sisters have a share. But since your brother has not fulfilled his maintenance obligations, he has no right to participate in the distribution of the estate.

He didn't have a share in the house.

If it's your dad's house, then the court will respect your dad's opinion.

Legal analysis: guardianship is both a right and an obligation, and the guardian has the right to protect the ward's health, take care of the ward's life, manage and protect the ward's property, and the ward to carry out civil activities, have the right to manage and educate the ward, and have the right to sue the guardian of the ward. Guardians exercise the right to protect their children in accordance with the law, and no organization or individual has the right to interfere.

Legal basis: "Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly" Article 26: Elderly persons with full capacity for civil conduct may negotiate and determine their guardians among close relatives or other individuals or organizations that have a close relationship with them and are willing to assume guardianship responsibilities. When the elderly lose or partially lose their capacity for civil conduct, guardians bear guardianship responsibility in accordance with law.

Where a guardian has not been determined in advance for the elderly, and when they lose or partially lose their capacity for civil conduct, a guardian is to be determined in accordance with the provisions of relevant laws.

custody of the ward's property; physical guardianship, education and protection of minors; The guardianship of a person who has been declared incapacitated is for the purpose of ensuring the safety of the person and the society, and promoting the recovery of his or her health.

1. What rights and obligations does the guardian have to the ward?

1. Protect the legitimate rights and interests of the person, property and other people. Due to the limitation of civil capacity, the ward does not have a comprehensive and adequate ability to protect himself, and is relatively vulnerable to interference and damage from the outside world. Guardians have the right and responsibility to protect this;

2. Manage the ward's property, and the guardian may reasonably use and dispose of the ward's property in accordance with law;

3. Carry out civil activities and civil litigation activities;

4. Educate and care for the ward, and the guardian shall perform the duty of educating and caring for the minor under guardianship, so that they can obtain physical and mental health and a stable life;

5. Bear civil liability for the damage caused by the ward to others.

2. What are the rights and obligations of guardians?

The rights and obligations of guardians include: ** The ward carries out civil legal acts, protects the ward's personal rights, property rights and other legitimate rights and interests, etc. Guardianship is the guardian's right to supervise and protect the personal rights and property rights and interests of minors and mentally ill persons who have no capacity for civil conduct and persons with limited capacity.

3. Relevant provisions and duties and regulations of guardians.

The relevant provisions on guardianship are that adults with full capacity for civil conduct may determine their guardians in writing through prior consultation with their close relatives or other individuals or organizations willing to serve as guardians.

The duty of the ward is to carry out civil juristic acts and protect the ward's personal rights, property rights and other legitimate rights and interests. The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Article 34 of the Civil Code.

The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.

To distinguish the difference between guardianship and custody, it can be summed up in one sentence, having the right to supervise and protect the child does not mean that there is child custody, and having child custody must have the right to custody of the child.

Difference Between Guardianship and MaintenanceAfter a divorce, the parents' custody of their children is not affected, because the parents' parental authority and guardianship over their children are not affected by the dissolution of the marital relationship between the parents. However, the reality is often that after the divorce of the parents, it is the custody of the children that they are fighting for, not the guardianship, because the guardianship is statutory, and if one of the parents has not committed a criminal act or abuse on the child, or is obviously unfavorable to the child, the people's court believes that it can be revoked, and either parent has legal custody of the minor child. The parental custody of the child is a natural right, which is part of the parental authority, and has no legal logic to whom it is raised.

This means that the parent who loses custody still has legal custody of the child. If it is lawful for the parent who is actually raising the child to entrust his or her parents to raise and take custody of the child on his behalf, however, in the process of raising the child, the party without custody finds that the conditions of custody are detrimental to the child's education and personality development, then he or she may file a lawsuit with the court to change the custody rights. At the same time, custody disputes do not affect the existence and implementation of parental rights, guardianship rights, visitation rights, etc.

There is no provision on jurisdiction in the Civil Procedure Law for a lawsuit for change of custody, and the principle of the plaintiff versus the defendant is directly applied in general practice, and such a provision suddenly appeared in Article 10 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China:

10. In cases of dissatisfaction with the appointment of guardianship or modification of guardianship relationship, the people's court for the domicile of the hail hood ward has jurisdiction. In short, child custody and guardianship are very important for either parent, and it is biased to only focus on child custody or guardianship, but child custody can not only be available to biological parents, but also to the child's grandparents or maternal grandfather, civil affairs departments, grassroots organizations, etc., may be appointed by the court to obtain custody of the child, and child custody can be performed by immediate family members such as the child's grandparents or maternal grandparents, and only the child is exclusive to the biological parents. Wait a minute.

Legal Analysis: A guardian refers to a person who has the responsibility to supervise and protect the person, property and all other legitimate rights and interests of a person who is incapacitated or has limited ability to act quietly. Generally speaking, minors, mentally ill people, and other people with severe mental disorders should have guardians.

China's Civil Code stipulates that there are the following three situations: the close relatives of the ward, including adult children, spouses, siblings, grandparents, grandchildren, and grandchildren.

Legal basis: Civil Code of the People's Republic of China Article 1127 The inheritance of the estate shall be in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.