Domestic Practice and Improvement of Voluntary Guardianship of Adults with Mental Disorders
Article 33 of the Civil Code establishes the adult voluntary guardianship system in China,and regulates the applicable scope of voluntary guardianship to adults with full civil capacity.It is undoubtedly empowering and positive for adults with mental disorders to designate their guardian for when they become incapacitated through a voluntary guardianship agreement across time and space.Starting from the domestic intentional guardianship judicial cases of mentally disabled people,this paper analyzes the local logic and breakthroughs of the application of the intentional guardianship system to mental disorders,reflects on the prominent problems in it.It suggests that the guardianship system of adult mentally disabled people needs to be further refined in terms of qualification,establishment and activation,rights and obligations,guardianship supervision and withdrawal mechanism,etc.It is necessary to provide normative,explanatory and restrictive detailed provisions.
mentally disabled peoplevoluntary guardianshipcapacityrights and obligationsguardianship supervision
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