-
1. What is the guardianship system for mentally ill persons in the Civil Code?
The Civil Code provides that when a mentally ill person has no legal guardian or loses the ability to be a guardian, the interested party may apply to the village committee or neighborhood committee for guardianship, and if there is a dispute, he may apply to the court for the appointment of guardianship.
According to the provisions of the Civil Code, if there is no legal guardian for mental illness, or if the legal guardian has lost the ability to take guardianship, other guardians with guardianship qualifications may be determined through consultation, or the village committee or neighborhood committee may apply for designation, and if there is a dispute, the court shall appoint a guardian.
2. What is the legal provision for guardianship?
Civil Code of the People's Republic of China
Article 28: [Guardians of Adults Without or Limited Civil Capacity] Adults who have no or limited capacity for civil conduct are to be guardians by the following persons with guardianship capacity in order:
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 residence.
Article 30: [Determination of Guardians by Agreement]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: [Procedures for Resolving Guardianship Disputes]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 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.
In contemporary society, the mentally ill person also has a very clear guardianship system in China's Civil Code, for example, the spouse of the mentally ill, as well as the adult children and parents can serve as the guardian of the mentally ill, and the guardian can also be determined through negotiation.
-
Supervising, watching, nursing, educating patients on their lives and behaviors during illness, and raising them under appropriate conditions**.
-
If a mentally ill person is sick at home and his family can't take care of it, can he let the medical staff of the hospital pick him up?
Kiss! Hello, happy to answer your <>
If a mentally ill person is sick at home, can he let the medical staff of the hospital pick him up, the answer is as follows: At present, psychiatric hospitals are not allowed to take patients, and if the family is unable to send him to the hospital, they can call 110 to call the police, according to the new mental health law, the police have the obligation to help, and the mentally ill family members assist and send them to the hospital. Introduction:
If there are conditions at home. Have a certain financial strength to send patients to psychiatric hospitals. Because the corresponding ** will be given here, and someone will take care of it, which will be more thoughtful than at home, and it can also reduce a certain amount of pressure and burden on the family.
Hope mine can help you <>
Do you have any other questions?
-
It is usually necessary to prepare the car first, and then tell the patient to take him to where he wants to go, or take him to the hospital for a physical examination, or ask him to accompany the elderly at home to see a doctor. Which of these excuses to choose depends on the patient's situation.
Of course, for the kind of patient who "does not eat soft and hard", he has to be "coerced" by many people to go to the hospital. If it is a young and strong male patient, and his family forces him to have difficulties, he needs the help of relatives, friends, employers, and even the public security department.
Considerations for psychopaths.
Mentally ill patients should try to avoid living alone in their daily lives, it is best to live with their families, it is best not to put easily damaged furniture and accessories in the patient's room, and all kinds of knives in the home must be properly kept, and it is best to put them in a place where the patient cannot see.
Family members should pay attention to urging patients to develop good personal hygiene habits, do not take excessive care of patients, and let patients do what they can. Usually pay more attention to the dietary hygiene of the mentally ill, and do not let the patient touch the food that is easy to cause excitement, such as tobacco, alcohol, coffee, etc.
The above content refers to Encyclopedia - Mental Patients.
-
Legal Analysis: The scope and order of legal guardians of adult mentally ill persons are: spouse, parents, adult children, other close relatives, close relatives or friends, neighborhood committees, village committees, and civil affairs departments of the mentally ill person's unit or place of residence.
The order of legal guardianship of prudent persons has priority over the effectiveness of the guardianship in the latter.
Legal basis: Article 69 of the Health Law of the People's Republic of China on Mental Coarseness and Filial Piety: The civil affairs departments shall, in conjunction with relevant departments, promptly include persons with severe mental disorders who meet the requirements for minimum livelihood guarantees in urban and rural areas.
The civil affairs departments shall provide support and assistance to persons with severe mental disorders who are eligible for support under the Five Guarantees in rural areas, as well as persons with severe mental disorders in urban areas who are unable to work, have no livelihood, and have no legal obligation to support, raise, or support, or who have no legal obligation to support, raise, or support them.
Where persons with severe mental disorders other than those provided for in the preceding two paragraphs truly have difficulties, the civil affairs departments may employ measures such as temporary assistance to help them resolve their living difficulties.
The basic rights of mentally ill persons are: 1. The right to basic medical care; 2. Exempt from certain social responsibilities; 3. Protection of privacy. Patients have the right to request that the doctor keep their physical, psychological and other privacy confidential; 4. The right to disease cognition, doctors should provide information about diseases without harming the interests of patients and without affecting the effect; 5. The right to claim compensation. >>>More
Legal analysis: The conditions for divorce from a mentally ill person are as follows: 1. For the particularity of a mentally ill person, if a lawsuit is filed for divorce in the court, the first step will be to examine whether the mentally ill spouse belongs to the onset of mental illness in the state of the divorce process; 2. The court's standard for hearing divorce cases is whether the relationship between the husband and wife has broken down >>>More
I used to think that mental illness is innate, but later I found out that most people with mental illness are traumatized and cannot be comforted and cannot bear it, so it leads to mental breakdown, I think they are still relatively fragile in their hearts, so they should be given more tolerance and understanding, and should not be excluded.
YesPsychosisHistorical people cannot be admitted to graduate school, because the application condition for the postgraduate entrance examination is that the physical health condition meets the physical examination requirements stipulated by the state and the enrollment unit. >>>More
Summary. Relatives and relatives of mentally ill persons are to be dealt with as follows: Generally, the family members serve as guardians, and if the family members are truly incapable of guardianship, the local neighborhood committee, village committee, and civil affairs department will be responsible. >>>More