Saying an adult “cannot manage their own affairs” requires a court determination; family say-so does not count

Whether an adult has “no civil capacity” or “limited civil capacity” can be determined only by a court. Family, workplace, or residents’ committees cannot decide on their own. An interested person or a relevant organization must apply to the court. Conversely, if intellect or mental health recovers, an application can seek a finding that capacity is restored. The procedure both restricts and protects.

Cost

Applying to the court has no case-acceptance fee. If appraisal is needed, appraisal fees are separate and usually paid by the applicant. The law requires finishing within 30 days; an appraisal will take longer.

Benefit

Article 21 of the Civil Code (民法典): “An adult who cannot recognize their own conduct is a person with no civil capacity; civil juristic acts are performed by their legal representative.” Article 22: “An adult who cannot fully recognize their own conduct is a person with limited civil capacity; civil juristic acts are performed by their legal representative or with that representative’s consent or ratification; but they may independently perform civil juristic acts that purely obtain benefits, or that match their intellect and mental health.” Article 24: “For an adult who cannot recognize or cannot fully recognize their own conduct, an interested person or a relevant organization may apply to a people’s court to determine that the adult has no civil capacity or limited civil capacity.” The same article provides that after such a determination, on application by the person, an interested person, or a relevant organization, the court may, by recovery of intellect or mental health, determine restoration to limited or full civil capacity. Relevant organizations include residents’ committees, villagers’ committees, schools, medical institutions, women’s federations, Disabled Persons’ Federations (残联), legally established older-persons’ organizations, civil-affairs departments, and others. Article 23: the guardian of a person with no civil capacity or limited civil capacity is their legal representative (nationwide, in force from 1 January 2021). Procedure is in the special-procedure chapter of the Civil Procedure Law (民事诉讼法). Article 198: the application goes to the basic people’s court at the citizen’s domicile; “the application shall state the facts and grounds for no civil capacity or limited civil capacity.” Article 199: “After accepting the application, the people’s court shall, when necessary, arrange an appraisal of the citizen requested to be found to have no civil capacity or limited civil capacity.” Article 187: special-procedure cases “shall be concluded within thirty days of case filing or within thirty days after the public notice period ends”; extension for special circumstances needs approval by the court’s president. Article 8 of the Measures for Payment of Litigation Costs (诉讼费用交纳办法): cases tried under the Civil Procedure Law’s special procedures do not pay a case-acceptance fee. Article 12: costs arising in litigation from appraisal and the like are paid by the parties directly to the relevant body under the court’s “who asserts, who bears” principle

Notes

The application uses the court’s special procedure; the statutory time limit is 30 days, shorter than ordinary civil cases, but appraisal takes extra time. The application must state facts and grounds; hospital diagnosis certificates are generally attached — author experience. When necessary the court shall order appraisal; appraisal fees follow “who asserts, who bears,” usually paid by the applicant. Signing or disposing of property for someone without this procedure and without being the legal representative, under Article 171 of the Civil Code (民法典), has no effect on that person without ratification; a house sale may have to be undone. That is the author’s reading from the articles. Also remember: limited civil capacity does not mean nothing can be done. Acts that match intellect and mental state, and acts that purely obtain benefits, the person can do alone — do not take over everything. How guardians are set is in item 19 of this section (guardians).

Sources · 3

1. 中华人民共和国民法典（第二十一条、第二十二条、第二十三条、第二十四条、第一百七十一条）. flk.npc.gov.cn/detail?id=ff808081729d1efe0172…
2. 中华人民共和国民事诉讼法（2023 年修正，第一百八十七条、第一百九十八条、第一百九十九条）. flk.npc.gov.cn/detail?id=ff8081818a21dc13018b…
3. 国务院令第 481 号. 诉讼费用交纳办法（第八条、第十二条）. gov.cn/zhengce/zhengceku/2008-03/28/content_6…