Study On Elderly Guardianship In China

The elderly guardianship, as an important part of the adult guardianship, is the supervision and protection about the personal and property matters of the elderly who's deficient in mental ability.With the development of aging socity and the human rights of self-decision deep in people's mind,Chinese's adult guardianship system can not meet the needs of the elderly. So,based on the analysis of defect and implementation difficulties of the adult guardianship and drawing on the advanced experience about Germany, Japan, Britain, the United States and other countries, considering the situation of our country together and characteristics of the elderly whose physical and mental ability lose gradually, the principle of support of self-decision of the elderly should be regarded as a starting point,and the normalization of the elderly also should be as an important aspect.The paper mainly discusses the behavior ability theory which has close relation with the elderly guardianship,and maintains to carry out the standard of mental ability. On the appointment of guardians,the paper claims to establish public guardians,cultivate guardians of professional legal persons and professional personal guardians according to "the principle of best interests"and "the principle of shared responsibility between family and society". In terms of type, intended guardianship system can be introduced and different types also be needed. In aspect of content,the paper stresses personal guardianship,which is divided into two types:Medical aid decision and Residence.In addition,the paper discusses the problem that can be the physical loss as the establishment standard of the elderly guardianship.