Research On Medical Determination In The Guardianship

With the development of new idea of human rights, most countries have turned the angle to personal protection, adult guardianship especially medical care have got more and more attention. In our country, medical disputes increased year by year, and as people growing old, medical care will play more and more important role in our life. However, we do not have regarding laws about adult guardianship, not to mention medical care. By referring to the regarding regulations of other countries, it shows that they all have detailed rules about adult guardianship and medical care, and they choose intended guardianship in order to regulate medical care. Firstly, the lack of legal authority to determine medical care in the country in terms of adult is analyzed and find that the main problems include:First, the account of the ability to identify behavior of the capacity is irrational, ie, the current division of the simple meaning of the lack of the ability of adults to none capacity and the limited capacity of the dichotomy ignores the remaining will of people; Second, the guardianship narrowness. Since a long time, guardianship system is mainly focused on the protection of property interests while ignoring personal protection, which is contrary to today’s new concept of human rights; third is that the guardian elected unreasonable manner. Our legal setting is meant when it is the lack of ability of a guardian by the spouse, parents, children, nearly relatives and neighborhood, village and other social institutions to be monitoring the implementation of the statutory agent. But since China adopted the family planning and gradually formed a "4-2-1" family model, for the elderly, their spouses also facing problems due to age their parents are less likely to be agents, and their children, the family is now in the mode of a couple to take care of four elderly does have some difficulty, inevitably inadequate, as village committees and other social institutions, for reasons of funding and staffing, full-time meaning the ability to take care of an adult lacking is unrealistic. Second, this article explore in the UK, Germany, Canada, the United States, Japan and Taiwan and found discretion in such patients, meaning given agent system, continuing our reference agency and other available place; Finally, combined with China’s actual conditions, some suggestions for the future of the legal settings of China advanced.