The guardian is overwhelmed and dies, what should the ward do?

If the ward dies, the legal relationship of guardianship has been extinguished, and the guardian no longer needs to perform guardianship duties.

However, it is necessary to deal with the civil acts of the guardian during his lifetime, such as the purchase of goods or arrears, etc.

The guardian does not look at the pressure, and if he dies, the ward can only be handed over to his relatives or other relatives to help take custody.

If the guardian dies, then the ward will be taken into a children's welfare home for adoption by someone who cares.

If the ward does not have the ability to take care of himself, he can find relatives, but if he does not have it, he can only find a welfare agency to support him.

If the ward is not able to live on his own, then he or she will be managed by a special agency of the state.

The only way to do this is to find a guardian again. These guardians are, in order: immediate family members, collateral relatives, and resident communities.

If the guardian dies, then the ward can continue to look for another guardian. If there is really no one to take care of you, the state should take care of you.

If he has other relatives close to him, he can change his guardian or be raised by the state.

The guardian is overwhelmed and dies, and the ward should look for a new guardian.

If the first guardian dies and there are other guardians, there is really no guardian and there is no ability to survive, you can consider the local social welfare agency.

It should be managed by the closest relatives directly under it, and if not, it will be sent to a welfare home.

The guardian died of unbearable pressure, and the ward, if she was still young, saw if there were grandparents, grandparents, uncles and aunts, etc., who could take care of her.

Continue to live tenaciously.

Then does the ward have any other immediate family members, or a change of guardianship.

I can't help but open the gate, what should I do if I see no one? That should make him a good student.

Sick wards have not improved for many years.

If the guardian doesn't look at the history, the ward, then you can go to someone else, or just look for the police, and find someone else to take custody.

When the guardian dies, the ward can go and someone else will take care of the guardianship.

The guardian is overwhelmed and dies, what should the ward do? with the relevant departments for compensation.

The guardian is not overwhelmed by the pressure, what should I do if the ward dies? can be punished by law.

Handling methods for those who do not have a guardian: The local civil affairs department may serve as the guardian, and the residents' committee or villagers' committee of the ward's domicile that has the relevant conditions to perform guardianship duties may also serve as the guardian.

[Legal basis].

Article 27 of the Civil Code of the People's Republic of China before the disappearance.

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 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 department is to serve as the guardian, and the residents' committee or villagers' committee for the ward's domicile that has the capacity to perform guardianship duties may also serve as the guardian's committee.

Legal Analysis: If it is confirmed that the guardian caused the death of a person due to intentional failure of guardianship, the sentence is imprisonment of not less than three years to not less than seven years.

Legal basis: Civil Code of the People's Republic of China

Article 38: After a ward's parents or children have been revoked guardianship by the people's courts, they truly show repentance and reform, except for those who have committed intentional crimes against the ward, upon their application, the people's courts may, on the premise of respecting the true wishes of the person being imprisoned, restore their guardianship qualifications in light of the circumstances, and the guardianship relationship between the guardian designated by the people's court and the ward is terminated at the same time.

Article 39: In any of the following circumstances, the guardianship relationship is terminated: (1) the guardian of the Supervision and Excavation Bureau obtains or restores full capacity for civil conduct; (2) The guardian loses the capacity for guardianship; (3) The ward or guardian dies; (4) Other circumstances in which the people's court finds that the guardianship relationship has been terminated. Where guardianship is still needed after the guardianship relationship is terminated, a guardian shall be separately designated in accordance with law.

When the legitimate rights and interests of adults are illegally infringed, the guardian has the right and responsibility to ** minors to exercise the right to claim damages. The following principles shall be followed in order for minors to obtain compensation for damages:

1. The principle of full compensation for property losses. According to this principle, the liability of the perpetrator should be equivalent to the loss suffered by the minor. The loss here refers to the actual loss suffered by the minor, including the direct reduction of property and the loss of vested interests.

2. The principle of only compensating for the property losses caused by the personal injury of minors. Personal injury is a type of non-property damage that sometimes results in direct loss of property and sometimes only pure mental damage. The perpetrator shall compensate the minor for all property losses caused by his personal injury, including medical expenses, hospitalization expenses, food allowance during hospitalization, nursing expenses, transportation expenses during the period, and the minor's guardian's lost work expenses; In addition to the above-mentioned expenses, the guardian shall also be compensated for the loss of income, continuing expenses and disability living allowance due to the loss of work due to care; If the death of a minor is caused, in addition to the medical expenses incurred for medical treatment or rescue before the death, the funeral expenses and a certain amount of bereavement expenses incurred in the death shall also be compensated.

3. Where minors' mental harm is caused, the principle of using both property and non-property liability is to be implemented, and where minors' rights to name, likeness, reputation, or honor are violated, guardians have the right to demand that the perpetrator stop the violation, restore their reputation, eliminate the impact, and make a formal apology, and may also demand that the perpetrator compensate for the losses at the same time.

Article 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests. When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests.

Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.

Legal analysis: You can apply directly, and you don't need to go through any procedures.

Legal basis: Article 27 of the Civil Code of the People's Republic of China 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 that are willing to serve as guardians, but must obtain the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 28: The following persons with guardianship capacity are to serve as guardians in order for adults who lack capacity for civil conduct or have limited capacity for civil conduct:

a) 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 Kaiqing residence.

Where the appointed guardian is not satisfied, it shall apply to the people's court for the appointment of guardianship, and the people's court shall respect the true wishes of the ward, and appoint a guardian among those who have guardianship qualifications in accordance with law in accordance with the principle of the best interests of the ward.

1. How to appoint a guardian.

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 the residents' committee, villagers' committee, civil affairs department, or people's court shall respect the true wishes of the ward, and appoint a guardian among those who have guardianship qualifications in accordance with law in accordance with the principle of the best interests of the ward.

2. What are the reasons for the transfer of guardianship?

There are the following reasons for the transfer of guardianship: According to the provisions of the Civil Code of the People's Republic of China, if a guardian has any of the following circumstances, the people's court shall, on the basis of the application of the relevant individual or organization, revoke the guardianship qualifications, arrange necessary temporary guardianship measures, and in accordance with the principle of the best interests of the guardian, appoint a guardian in accordance with the law

1. Seriously harming the ward's physical and mental health;

2. Neglecting to perform guardianship duties, or failing to perform guardianship duties, or refusing to entrust part or all of them to others, resulting in the ward being in a dangerous state;

3. Accidents occur when guardianship is not in place.

Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. According to the relevant provisions of the Civil Code, if the guardian neglects to perform guardianship duties, or is unable to perform guardianship duties and refuses to entrust some or all of the guardianship duties to others, resulting in the ward being in a state of distress, and the relevant individual or organization applies for a replacement of the guardian, the court may revoke the guardianship's qualifications on the basis of the application. The guardian is then re-appointed in accordance with the law in accordance with the principle of the best interests of the ward.

Article 31 of the Civil Code of the People's Republic of China.

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 guardians of the recipients, and appoint guardians among those who have guardianship qualifications in accordance with law in accordance with the principle of the best interests of the ward.

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.