While an older person is still clear-headed, name their future guardian in writing
- High value
- Evidence A
- Saves money
- Costs a little
- Takes minutes
- Some willpower
In plain words
While the older person's mind is still clear, spend a few hundred yuan at a notary office to have a written document made that states who will be their guardian in the future. Without this document, once the older person can no longer make decisions, a court has to appoint who signs for them and who manages their money. If family members disagree, it takes even longer.
- Cost
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A notarized document at a notary office (公证处) costs a few hundred yuan. One conversation with the older person is enough to settle it. The hard part is bringing it up: you have to talk face to face about the day when they can't manage for themselves.
- What you get
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The Civil Code (民法典) provides that an adult who is clear-headed and can decide for themselves (the law calls this "an adult with full capacity for civil conduct") may arrange in advance with someone to be their guardian in the future. The person arranged with can be a close relative, or another individual or organization willing to act as guardian. Once agreed, the guardian must be "determined in writing." When the older person can no longer make decisions, or can make only some (the law calls this "loss or partial loss of capacity for civil conduct"), the named person takes over. Without this document, who signs for them and who manages their money in the future has to go through a court appointment.
- Notes
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This document is called an advance designation of guardian (意定监护), meaning a person the older person chose ahead of time. This person ranks ahead of the law's default order of guardians. It is needed even more when the older person lives alone, the children are in another city, or family relations are complicated. Having it notarized at a notary office is recommended.
- Evidence grade
- A : Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
- Sources
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- 全国人大 (2020). 民法典(第三十三条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
Mentioned in
- Same-sex couples should, while both are of sound mind, set up powers of attorney, consensual guardianship and wills: legally you are not close relatives, and without them you have no right to sign or inherit
- An adult's guardian is set in a legal order; if the person under guardianship injures others, the guardian pays
Translated from the Chinese original. Original book, section 17, tip 1. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer