How to improve the guardianship system in China s guardianship system for the elderly

Legal Analysis: Where there is a dispute over serving as the guardian of a mentally ill person who lacks or has limited capacity for civil conduct, the Fengqi residents' committee or villagers' committee of the mentally ill person's unit or place of residence is to designate it among close relatives. If the elderly person loses the capacity for civil conduct, then according to the law, his spouse, children, siblings, etc. are generally his guardians.

Legal basis: Article 28 of the Civil Code of the People's Republic of China Adults who lack or have limited capacity for civil conduct are to be guardians in order by the following persons with guardianship capacity:

a) Spouse; 2) Demolition of 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.

Legal Analysis: The guardians of the elderly are: the spouses, parents, children, other close relatives, and other individuals or organizations who are willing to serve as guardians of adults who have no or limited capacity for civil conduct.

If an elderly person with full capacity for civil conduct determines their guardian through consultation among close relatives or other persons or organizations, the guardian is to be confirmed in accordance with their designation.

Legal basis: Article 28 of the Civil Code of the People's Republic of China Adults who lack or have limited capacity for civil conduct are to be guardians in 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 residence.

Law 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 their 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.

The guardian of the elderly person can be changed. Only the elderly who lack the capacity for civil conduct have a guardian, and their guardian is first of all a spouse, and the spouse who has no capacity for guardianship is to be the guardian by 2 his or her children, and where there are multiple children, the guardian may be determined through consultation among the children.

Article 28 of the Civil Code of the People's Republic of China: 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 and scattered relatives; (4) Other individuals or organizations that are willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or civil affairs department for the place where the blind person under guardianship is dying.

According to the provisions of Chinese law, the guardians of the elderly are their spouses, parents, children, other close relatives and other individuals or organizations who are willing to serve as guardians, but they must obtain the consent of the residents' committee, villagers' committee or civil affairs department of the ward's residence.

[Legal basis].Article 28 of the Civil Code of the People's Republic of China.

Adults who do not have the capacity for civil conduct or have limited capacity for civil conduct are to be the guardians in the following persons with guardianship capacity in order:

1) spouse;

(2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's residence.