The voluntary guardianship system primarily serves the elderly and individuals with mental disorders.However,theoretical research and practical applications of voluntary guardianship for mental disorder patients are scarce in China.Recogniz-ing the eligibility of mental disorder patients to become subjects of voluntary guardianship holds significant value in social,econom-ic,legal,and medical contexts.Nevertheless,there are several limitations in the current practice of voluntary guardianship for adult mental disorder patients,including stringent legislative requirements for guardian qualifications,high behavioral capacity standards for ward,and a lack of effective institutional safeguards.To address these issues,mental capacity should replace behavioral capacity as the criterion for assessing the qualifications of ward,which aligns better with the characteristics of mental disorders.The selection criteria for guardians should be stringent to ensure impartiality and suitability,with the voluntary guardian's rights prioritized over those of the statutory guardian.Notarial bodies should be encouraged to intervene in the establishment of voluntary guardianship a-greements to standardize their form,content,and supervision.Diverse criteria for initiating voluntary guardianship should be estab-lished to better reflect the patterns of mental illness.In terms of rights and obligations,the system design should respect and protect the legal rights of individuals with mental disorders,aiding their reintegration into normal social life.Regarding the termination mechanism,considering that most mental disorder patients have the capacity to request the revocation of guardianship,they should be granted the right to revoke voluntary guardianship after its activation.
维普
万方数据