What is a Certificate of Guardianship? The contents of the guardianship certificate

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.

People's Court Daily reported that a few days ago, the Tongshan District People's Court of Xuzhou City, Jiangsu Province, applied special procedures to conclude a case of applying for a declaration of civil incapacity and ruled that the applicant Wang Ronggang served as the guardian of his sister Ms. Wang. On the morning of December 27, the judge issued a certificate of guardianship to him on the spot. It is reported that this is the first certificate of guardianship issued by the national court system.

If a person with a severe mental illness lacks the capacity for civil conduct, his guardian may handle his or her legal affairs on his behalf, such as receiving wages, buying a house, or moving his or her household registration. However, they will need to submit proof of "who I am" to the authorities involved. **People often provide cumbersome certificates and power of attorney and other materials in order to complete the relevant business.

The first certificate of guardianship issued by the national court system solves the worries of guardians, avoids the embarrassment of the need for a person with no civil capacity to prove "who I am", and is a good "certificate" that benefits the people. However, a good "certificate" does not mean that it is easy to use, and can it really give a green light all the way in terms of proof effectiveness?

When it comes to the rights and interests of residents, administrative organs and service departments are generally cautious, especially those who have no capacity for civil conduct. Although the guardianship certificate issued by the court has a "first-class" function in law, if the court system does not deliver the legal effect of the judgment to the departments in need in a timely manner, and does not open up the big data link between the court system and various administrative organs, will the relevant affairs departments recognize the guardianship certificate? It's hard to say.

In order to use a good "certificate" well, it is not only necessary to urge the active cooperation of the functional departments involved and recognize the legal effect of the guardianship certificate. From this point of view, the court can make an electronic version of the guardianship certificate, one is to make it more convenient for the guardian to handle affairs, and the other is to allow the departments involved to check the authenticity of the certificate online. All in all, the court should publicize it in place, unblock all joints, and give the guardianship certificate a green light all the way.

Legal analysis: 1. The ward's identification materials. Second-generation ID card or temporary ID card (if you have already applied for an ID card), household registration booklet; 2. Provide the identity certificate of the guardian.

For domestic applicants, you should provide: second-generation ID card (temporary ID card or military ID card or Chinese passport), household registration booklet. Hong Kong, Macao and Taiwan compatriots provide:

ID card, Home Return Permit (or Taiwan Compatriot Permit), original domestic residents provide household registration booklet, household registration cancellation certificate and socks;Foreigners should provide: passport (if they were originally Chinese citizens, they need to provide naturalization certificate, household registration booklet, and household registration cancellation certificate);

Legal basis: Article 27 of the Civil Code of the People's Republic of China Article 27 Parents are the guardians of their 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 certificate of the guardian of the minor should be issued by the household registration management department of the public security organ at the Liqiao where the household registration of the under-adult Bimeng is located. You need to bring the ID card of the legal guardian, the original household registration book and its copy.

Legal basis: Article 2 of the Civil Code of the People's Republic of China Article 18 Adults who lack or have limited capacity for civil conduct shall be the guardians in order by the following persons with guardianship capacity: (1) 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 domicile.

Proof of guardianship refers to the evidence for the supervision and protection of the person, property and other lawful rights and interests of persons with no or limited capacity for civil conduct, as follows:

1. Under normal circumstances, it is not necessary to use the guardianship certificate to prove the relationship between the guardian and the ward, but if it is really needed, then it can be handled by the public security organ;

2. The supporting materials that need to be brought to apply for the guardianship certificate are as follows:

1) The ward's identification materials. Second-generation ID card or temporary ID card (if you have already applied for an ID card), household registration booklet;

2. Provide the identity certificate of the guardian.

For domestic applicants in China, it is provided with: pure second-generation ID card (temporary ID card or military ID card or Chinese passport), household registration booklet;

Hong Kong, Macao and Taiwan compatriots provide: ID card, home return permit (or Taiwan compatriot permit), and original domestic residents provide household registration book and household registration cancellation certificate;

Foreigners should provide: passport (if they were originally Chinese citizens, they need to provide naturalization certificate, household registration booklet, and household registration cancellation certificate);

Legal basisArticle 30 of the Civil Code of the People's Republic of China.

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

Article 31.

Where there is a dispute over the determination of a guardian's grandson, 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. Oak Brigade.

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.

Legal analysis: 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 who lacks the capacity for civil conduct or has limited capacity for civil conduct, the certificate shall be issued by the residents' committee, villagers' committee, or civil affairs department.

Legal basis: "Civil Code of the People's Republic of China" Article 36: In any of the following circumstances, the people's courts are to revoke their guardianship qualifications, 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 physical and mental health of the ward; (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, 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.