While the elder is still lucid, name a future guardian in writing
UpdatedGrade ABig benefitMoneyLow costLittle timeSome willpower
While the elder's mind is still clear, spend a few hundred yuan at a notary office on a written document that names who will be their guardian later. Without that document, once they cannot decide for themselves, the order set by law applies: spouse first, then parents and children, then other close relatives. If the family fights over it, the residents' committee (居委会), the villagers' committee (村委会), the civil affairs bureau (民政), or a court names the guardian.
- Cost
- A few hundred yuan at a notary office (公证处) for the document. A conversation with the elder can settle it. The hard part is bringing it up: you have to say, face to face, that a day will come when they can no longer manage for themselves.
- Benefit
- The Civil Code (民法典) says an adult who is clear-headed and can decide for themselves (in law, an adult with full capacity for civil conduct (具有完全民事行为能力的成年人)) may agree in advance who will be their guardian. That person can be a close relative, or another willing individual or organization. The agreement must name the guardian in writing (以书面形式确定自己的监护人). When they later cannot decide, or can decide only in part (lose or partly lose capacity for civil conduct (丧失或者部分丧失民事行为能力)), the person named in the document takes charge. Without that document, Article 28 of the Civil Code sets the guardian in this order: spouse; parents and children; other close relatives; then another willing individual or organization with the consent of the residents' committee, the villagers' committee, or the civil affairs bureau. Article 31 says that if people dispute who the guardian should be, the residents' committee, the villagers' committee, or the civil affairs bureau designates one. Anyone who disagrees may ask a court to designate the guardian, and they may also apply to a court directly.
- Notes
- This document is agreed guardianship (意定监护), meaning a person the elder names in advance. That person ranks ahead of the default legal order. Elders who live alone, whose children live far away, or whose family situation is complicated need this more. Notarizing it at a notary office is recommended.
Sources · 1
- 全国人大 (2020). 民法典（第二十八条、第三十一条、第三十三条）. spp.gov.cn/spp/fl/202006/t20200602_463888.shtml