The Research On Guardianship Of The Elderly

The guardianship of the elderly is a civil law system,which protect the person who cannot handle all or part of their own affairs,and make their body and property far away from hurt.The guardianship of the elderly is focused on physical care.We must consider the remaining will of the elderly fully when we choose guardian for them,and allow them to select guardian through sign an agrement with others by themselves when the person is clear.The existing guardianship system don’t include the elderly.Lacking of public power make the elderly lack of care on one hand. On the other hand,the existing guardianship is lack of standards.The guardianship of the elderly will solve these problems.In addition,it has important practical significance in responding the advent of aging society and meeting the changing of retired living mode.It aslo provide an new idea for rights protection of the empty nesters and the left elderly.The concept of international human rights,the legal paternalism,the concept of self-decision provids lots of theoretical proofs for constructing the guardianship of the elderly.The reforms of the other countries’ guardianship system provides sufficicent pratical demonstrations.The differerces between the urban-rural elderly which caused by long-term urban-rural dual structure,brings an idea how to construct the guardianship of the elderly.Maybe it can be operated in two track between the urban and the rural elderly.Operating of urban-rural dual track has special significance for making up the deficiencies of social security system,making the services offered by nursing home in rural areas more accurately.Urban and rural guardianship of the elderly both need to strengthing the responsibility of the government,and protecting the rights of self-determianation as basic principles.At the same time,we should carry out the measures with long-term guardianship and short-term guardianship,compulsory guardianship and self-determimated guardianship paralleling in the guardianship of the elderly. Dual-track guardianship system of the urban-rural elderly is embodied on separation of guardians,registration and supervision.Moreover,we should build a fund for the elderly’s guadianship.We can use them to pay the high cost of the elderly’s care.It is a good way to solve the numerous problems emerged in aging society.