Is the guardian of a disabled person automatically changed to the other spouse after marriage?

We are surrounded by all kinds of people, and everyone is on the move for all aspects of their lives. In the eyes of everyone, such busyness and rush have become a unique landscape, and in an open society, everyone is willing to express their hearts and minds, and everyone can listen to their own voices. For them, whether it is in work, life, or marriage, they will be affected to varying degrees, so that their lives have a different color, and we are more willing to listen to the voices of people with disabilities, and are more willing to help them and understand them.

There are also many disabled people who have found a sense of belonging in their own lives.

Let them integrate into life, and the disabled will be stronger in life, unwilling to make the living no longer glorious because of their disabilities, and the state also gives certain subsidies to the disabled, in order to help them in a difficult living environment, then they will apply for a disability certificate for themselves before applying for subsidies.

If the disabled person is married, will the guardian information on the disability certificate be automatically changed to that of the husband and wife?

Generally speaking, the guardians of disabled persons have a certain amount of care for them for a long time, and will not automatically change to husband and wife because of the relationship of marriage, and the guardian information can only be changed after the consent of the original guardian. The marriage is only the current marital status of the disabled person, and the guardian's information will not be affected.

Yes. Because after marriage, the other spouse is more suitable to be the guardian, so the guardian will automatically change to the other spouse.

No, the mentally handicapped should not meet the legal requirements for marriage as stipulated in the Marriage Law, and the guardian should still be the parent.

Hello, the guardian of a disabled person after marriage will not be automatically changed to the other spouse.

If one of the following circumstances is met, the guardianship may be changed:

1. In accordance with the provisions of the "Civil Code of the People's Republic of China", where a guardian does not perform guardianship duties, or infringes upon the lawful rights and interests of the ward, and other persons or units with guardianship qualifications file a lawsuit with the people's court, requesting that the guardian bear civil liability, it is to be tried in accordance with the ordinary procedures; Where a request is made to change the guardianship relationship, it is to be heard in accordance with the special procedures.

2. Where the party who does not live with the child commits criminal or abusive conduct against the child or is clearly unfavorable to the child, the people's court may revoke the guardianship.

3. Guardians may entrust some or all of their guardianship duties to others. Where it is necessary to bear civil liability for the tortious act of being intercepted by the ward, the guardian shall bear it, except as otherwise agreed; If the entrusted person is truly at fault, he shall be jointly and severally liable.

4. Where after the death of one of the spouses, Hu Hengshou and the other party gives the child to another person for adoption, if the adoption is not detrimental to the healthy growth of the child, and the lawful adoption formalities have been completed, the adoption relationship is found to be established; In this case, the adopter has custody. Other persons with guardianship qualifications may not claim that the adoption relationship is invalid on the ground that the adoption was made without their consent.

[Legal basis].

Article 36 of the Civil Code: In any of the following circumstances, the people's courts shall, on the basis of the application of the relevant individuals or organizations, revoke their guardianship qualifications, arrange for necessary temporary guardianship measures, and appoint a guardian in accordance with law 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, 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.

Where individuals and organizations other than the civil affairs departments provided for in the preceding paragraph do not promptly apply to the people's courts to revoke guardianship credentials, the civil affairs departments shall apply to the people's courts.

Summary. Based on your problem, make the following analysis: no change, one of the spouses divorced has a disability and custody.

Parents are generally the guardians of their children, and therefore have custody rights. Guardianship does not disappear because both spouses are divorced or one of the spouses becomes disabled. Divorce between spouses generally involves the custody of the child, and it is necessary to decide which party has custody of the child.

The parent who does not have custody of the child is required to pay maintenance on a regular basis.

My husband is disabled, do I need to change the guardian after divorce?

According to your problem, make the following analysis: There is no need to change, and one of the spouses who divorces is disabled and has custody. Parents are generally the guardians of their children, and therefore have custody rights.

Guardianship does not disappear because of a divorce or a disability of one of the spouses. The issue of divorce between the husband and wife is generally the custody of the child, and it is necessary to decide which party owns the custody of the child. The parent who does not have custody of the child is required to pay maintenance on a regular basis.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

Legal analysis: In principle, guardianship responsibilities are borne in accordance with the order, if there is no dispute between relatives, friends or organizations, go to the civil affairs organization that issued the disability certificate to apply for a change in accordance with its procedural requirements, if there is a dispute, you can go to the court to file a lawsuit, and the court will directly decide.

Legal basis: Civil Code of the People's Republic of China Article 31: 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 for repentance, 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.

The guardian does not apply for a change of order casually. There is an order.

Article 16 of the General Principles of the Civil Law The parents of minors are the guardians of minors.

Where minors' parents are deceased or have no capacity for guardianship, one of the following persons is to serve as guardian:

1) Grandparents;

2) brother and sister;

3) Other close relatives or friends who are willing to bear guardianship responsibilities have the consent of the minor's father's or mother's work unit or the residents' committee or villagers' committee for the minor's residence.

Where there is a dispute over serving as a guardian, the minor's parent's work unit or the residents' committee or villagers' committee for the minor's 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 provided for in paragraphs 1 or 2, the minor's parent's work unit or the residents' committee, villagers' committee, or civil affairs department for the minor's place of residence is to serve as the guardian.

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;

ii) Parents;

(iii) 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.

How can a person with a disability change their guardian? Guardians must take responsibility for the care of disabled people, but they must not do anything that harms them, such as beating, verbally abusive, or they will be punished by law.

Hello, you can sue the court to request a change of guardianship, which will be confirmed by the court judgment.