Guardianship refers to a civil legal system that supervises and protects the persons, property, and other lawful rights and interests of minors and adults who lack full capacity for civil conduct. A person who performs the duties of supervision and protection, known as a guardian;The person who is supervised and protected is called the ward.
Netizen consultation:
Can guardianship be revoked?
Lawyer answers:
The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility. When a guardian commits conduct that seriously harms the ward's physical and mental health, neglects to perform guardianship duties, or is unable to perform guardianship duties, and refuses to entrust some or all of the guardianship duties to others, resulting in the ward's distress, in accordance with the provisions of law, other relatives or organizations that have the capacity to serve as guardians have the right to apply to the court to revoke the guardianship qualifications of the legal guardian and appoint a new guardian in accordance with law.
Lawyer adds:
Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests. When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards on the basis of the ward's age and mental status when making decisions related to the ward's interests. Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.
Legal basis] Civil Code of the People's Republic of China
Article 36: In any of the following circumstances, the people's courts are to revoke guardianship qualifications on the basis of an application by relevant individuals or organizations, arrange for necessary temporary guardianship measures, and lawfully appoint a guardian in accordance with the principle of the best interests of the ward
1) Carrying out conduct that seriously harms the ward's physical and psychological health;
2) Neglecting to perform guardianship duties, or being unable to perform guardianship duties and refusing to entrust some or all of their guardianship duties to others, resulting in the ward being in a state of distress;
3) Carrying out other conduct that seriously infringes upon the lawful rights and interests of the ward.
Relevant individuals and organizations as provided for in this article include: other persons with guardianship qualifications in accordance with law, residents' committees, villagers' committees, schools, medical establishments, women's federations, disabled persons' federations, organizations for the protection of minors, lawfully established organizations for the elderly, civil affairs departments, and so forth.
Where individuals and organizations other than the civil affairs departments provided for in the preceding paragraph do not promptly apply to the people's courts to revoke guardianship credentials, the civil affairs departments shall apply to the people's courts.
Lawyer Wu Jun's profile
Practicing lawyer of Tianjin Jiaqi Law Firm
Gold medal mediator of Tianjin Radio and Television Station's "Second Brother Says Things" column
Tianjin Radio and Television Station "** Road 60 Minutes" guest lawyer
Director of the People's Mediation Committee of Tianjin Radio and Television Station
In 2019, he was awarded the Outstanding People's Mediator of Tianjin's Insistence on the Development of Fengqiao
In 2020, he was a judge of the semi-finals and finals of the first TV People's Mediator Competition
In December 2020, he was awarded the National Model People's Mediator
In 2022, he was hired as a member of the "Eighth Five-Year Plan" Law Popularization Lecturer Group in Hebei District, Tianjin.