Study On Elderly Guardianship From American DPA System

With the development of aging society and the people's human rights deep in people's mind, Chinese adult guardianship system can not cope with the challenges of an ageing society now, and also can not keep up with the international trend of reform in the system of guardianship. According to the elderly people's physical and psychological characteristics, which need others make decision for them and also want to make decision by themselves; in this paper I will try to establish a legal system that balance the relationship between autonomy and surrogate decision-making.In this paper, I will take the perspective of DPA system (Durable Power of Attorney) to research. American traditional guardianship system is similar to the guardianship of civil law countries, which guardianship system is a kind of social protection mechanisms, but the case law about guardianship is moving towards recognition of self-determination. But adult guardianship is only one aspect of surrogate decision-making system. Because of the defect of guardianship system in wasting time and money, the United States chooses to improve the agency system in order to compensate the defect of traditional adult guardianship for dealing with the issues of aging problem. The American legislation and doctrine for the elderly taking decision is elastic. DPA and guardianship system interact each other, and establish the Doctrine of Least Restrictive Alternatives, and respect and maintain the autonomy. Therefore, the American law is part of studying, and is in the lack of existing literature.This paper is divided into five chapters. Chapter 1: Introduction, from the aging society and the issues, I analyze the status quo in academic research, and on the basis of "Self-Determination" and "Surrogate Decision-Making", I analyze the necessary for reform of adult guardianship system. Chapter 2 : Chinese Surrogate Decision-Making Statutes for Elderly, through the study of the Chinese Guardianship system, Agency, Entrust system, Support system, Notarization system, I find that these system can not meet the need of aging society. Chapter 3: The Reform and Defects of American Adult Guardianship System, I introduced the adult guardianship reform, and think that guardianship system cannot protect elderly by itself. Chapter 4: American DPA and New Development, I introduced a comprehensive DPA in reform and content; analyze its ability to meet the needs of elderly people and its advantages. Chapter 5: Enlightenment of DPA System on Chinese Elderly Guardianship, I pointed that China should establish elderly guardianship that fit Chinese condition in legal guardianship and commission guardianship contract, by consulting American guardianship and DPA system.