While an older person is still clear-headed, name their future guardian in writing

Cost

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

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, guardians are determined in the order of Article 28 of the Civil Code: the spouse; parents and children; other close relatives; and then other willing individuals or organizations approved by the residents' committee (居委会), the village committee (村委会) or the civil affairs department (民政部门). Article 31 of the Civil Code provides that where there is a dispute over who is guardian, the residents' committee, village committee or civil affairs department appoints one; anyone who disagrees can apply to a court to appoint one, or apply directly to a court.

Notes

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

1. National People's Congress (2020). Civil Code (Articles 28, 31 and 33) [in Chinese]. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml

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 Content may be out of date and rules differ by place.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