While the elderly are still lucid, designate a future guardian in writing
While the elder's mind is still clear, spend a few hundred yuan at a notary office on a written document that names who will be their guardian later. Without that document, once they cannot decide for themselves, the order set by law applies: spouse first, then parents and children, then other close relatives. If the family fights over it, the residents' committee (居委会), the villagers' committee (村委会), the civil affairs bureau (民政), or a court names the guardian.
It costs only a few hundred yuan to have a notarized docum…
The Civil Code (民法典) says an adult who is clear-headed and can decide for themselves (in law, an adult with fu…
It costs only a few hundred yuan to have a notarized document drawn up at a notary office. A single conversation with the elderly person is enough to settle the matter. The real difficulty lies in bringing it up — you must directly discuss the day when they will no longer be able to make decisions for themselves.
The Civil Code (民法典) says an adult who is clear-headed and can decide for themselves (in law, an adult with full capacity for civil conduct (具有完全民事行为能力的成年人)) may agree in advance who will be their guardian. That person can be a close relative, or another willing individual or organization. The agreement must name the guardian in writing (以书面形式确定自己的监护人). When they later cannot decide, or can decide only in part (lose or partly lose capacity for civil conduct (丧失或者部分丧失民事行为能力)), the person named in the document takes charge. Without that document, Article 28 of the Civil Code sets the guardian in this order: spouse; parents and children; other close relatives; then another willing individual or organization with the consent of the residents' committee, the villagers' committee, or the civil affairs bureau. Article 31 says that if people dispute who the guardian should be, the residents' committee, the villagers' committee, or the civil affairs bureau designates one. Anyone who disagrees may ask a court to designate the guardian, and they may also apply to a court directly.
全国人大 (2020). 民法典（第二十八条、第三十一条、第三十三条）. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml
Open source linkThis arrangement is known as “voluntary guardianship,” meaning the guardian is chosen by the individual themselves, taking precedence over the standard legal order of guardianship. It is especially important for elderly people living alone, whose children reside far away, or those from complex family backgrounds. It is recommended to have the document notarized at a notary office.