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Knowledge Sharing | analysis of the intentional guardianship
TIME：2021-03-04 PUBLISHER：ADMIN
2021 Yan Mingzhu, a trainee lawyer at Henan Changhao Law Firm, gave a topic sharing on the voluntary guardianship system in the civil code on February 28.
This sharing mainly from the evolution of the voluntary guardianship system, the difference between the voluntary guardianship and the legal guardianship, the application of the voluntary guardianship and so on.
Voluntary guardianship can be traced back to Article twenty-six of the law on the protection of the rights and interests of the elderly, which was promulgated in 2012. Elderly persons with full civil capacity, a Guardian may be appointed through consultation among his close relatives or other persons or organizations who are close to him and are willing to assume the responsibility of guardianship. In the event of loss or partial loss of a civil capacity, the Guardian shall be liable for guardianship according to law. In the event of the loss or partial loss of a civil capacity, the Guardian shall be determined in accordance with the provisions of the relevant laws.
This system is clearly defined in the general principles of the Civil Code, which came into effect on October 1,2017. Article thirty-three of the general principles of the Civil Code stipulates that adults with full civil capacity, they may, after consultation with their close relatives or other individuals or organizations willing to act as guardians, determine in writing their own guardians. The consenting Guardian shall perform the duties of guardianship in the event of the adult's loss or partial loss of a civil capacity.
Article thirty-three of the Civil Code, which came into force on 20211 January, also clearly stipulates that an adult with a full civil capacity, in the event of his loss or partial loss of a civil capacity, he may, after consultation with his close relatives or other persons or organizations willing to act as guardians, determine in writing his guardian, the guardianship shall be performed by the Guardian. By comparing the differences between the law on the protection of the rights and interests of the elderly and the general principles of the Civil Law and the Civil Code, we can find that the general principles of the civil law, in contrast to the law on the protection of the rights and interests of the elderly, it extended the scope of application from the elderly to the adult, and added the content of "determining one's own Guardian in written form" , while the civil code was based on the general principles of Civil Law, the relevant provisions on voluntary guardianship have been extended and codified.
Voluntary guardianship becomes effective when the person under guardianship has no civil or restricted civil capacity. The arrangement of voluntary guardianship is a whole, and the conclusion of a guardianship agreement is only the beginning, and guardianship is only granted to natural persons in the absence of capacity. Voluntary guardianship becomes effective in the event of the loss or partial loss of the civil capacity of the ward.
At present, the majority of people who are appointed to guardianship are elderly people who want to be supported and supported when they lose or partially lose their civil capacity. In addition, voluntary guardianship can meet the diverse needs of modern society, for the following groups: Mental and genetic medical needs, DINKY family, remarried family, marriage crisis family, single people, cohabiting partners, multi gender groups, etc. . Voluntary guardianship can be an option when the person needs to sign for surgery due to illness, or for routine, palliative care and post mortem care under dementia.
This sharing mainly from the evolution of the voluntary guardianship system, the difference between the voluntary guardianship and the legal guardianship, the application of the voluntary guardianship and so on.
Voluntary guardianship can be traced back to Article twenty-six of the law on the protection of the rights and interests of the elderly, which was promulgated in 2012. Elderly persons with full civil capacity, a Guardian may be appointed through consultation among his close relatives or other persons or organizations who are close to him and are willing to assume the responsibility of guardianship. In the event of loss or partial loss of a civil capacity, the Guardian shall be liable for guardianship according to law. In the event of the loss or partial loss of a civil capacity, the Guardian shall be determined in accordance with the provisions of the relevant laws.
This system is clearly defined in the general principles of the Civil Code, which came into effect on October 1,2017. Article thirty-three of the general principles of the Civil Code stipulates that adults with full civil capacity, they may, after consultation with their close relatives or other individuals or organizations willing to act as guardians, determine in writing their own guardians. The consenting Guardian shall perform the duties of guardianship in the event of the adult's loss or partial loss of a civil capacity.
Article thirty-three of the Civil Code, which came into force on 20211 January, also clearly stipulates that an adult with a full civil capacity, in the event of his loss or partial loss of a civil capacity, he may, after consultation with his close relatives or other persons or organizations willing to act as guardians, determine in writing his guardian, the guardianship shall be performed by the Guardian. By comparing the differences between the law on the protection of the rights and interests of the elderly and the general principles of the Civil Law and the Civil Code, we can find that the general principles of the civil law, in contrast to the law on the protection of the rights and interests of the elderly, it extended the scope of application from the elderly to the adult, and added the content of "determining one's own Guardian in written form" , while the civil code was based on the general principles of Civil Law, the relevant provisions on voluntary guardianship have been extended and codified.
Voluntary guardianship becomes effective when the person under guardianship has no civil or restricted civil capacity. The arrangement of voluntary guardianship is a whole, and the conclusion of a guardianship agreement is only the beginning, and guardianship is only granted to natural persons in the absence of capacity. Voluntary guardianship becomes effective in the event of the loss or partial loss of the civil capacity of the ward.
At present, the majority of people who are appointed to guardianship are elderly people who want to be supported and supported when they lose or partially lose their civil capacity. In addition, voluntary guardianship can meet the diverse needs of modern society, for the following groups: Mental and genetic medical needs, DINKY family, remarried family, marriage crisis family, single people, cohabiting partners, multi gender groups, etc. . Voluntary guardianship can be an option when the person needs to sign for surgery due to illness, or for routine, palliative care and post mortem care under dementia.
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