The Research Of American Durable Power Of Attorney And Its Enlightenment For China

Attention and protection the weak is the trend of the times. All of the countries bend themselves to reform the adult custody system, in order to adapt to the elderly society which is coming. Since 20th century, according its conditions, US combine the Guardianship and the attorney of the common law to create the durable power of attorney. It begin attention for have been protected everybody the accommodation of body as well as I in the autonomous power to make decisions in daily life, and establish from with respect quilt fully guardian human rights is the modern guardianship system of core.Concerning the legislation of adult guardianship in our country is in the general provisions of the civil law, but current adult guardianship system is hard to face a lot of new phenomenon which produce in the modern society, so adult guardianship system reform have been imperative. This thesis consists of four parts.The first part is origin and development of the durable power of attorney. Because in the American adult guardianship system, (1) the old and the enabled can't been given custody, and (2) it was thought as a civil the strictest punishment system of striping the citizen's rights. The durable power of attorney has been set up according the exploring. After the durable power of attorney was set up, it had influence on many countries, such as Canada, British, and Austria.The second part is the content of the durable power of attorney. In a durable power of attorney,"durable"means that the agency relationship and authority to act continue even if the principal becomes incapacitated, which conclude the durable power of attorney for property and for health care. The character of the durable power of attorney should include: embodying the new idea of self-decision; protecting the weak; establishing the optional guardianship system; and broadening of its applicable scope.The third part is analyzing the legislation of our adult guardianship system. According the comparison and analysis of our adult guardianship system and American durable power of attorney, and shortcoming of our adult guardianship system are pointed out, such as limited scope of subject; unrespecting the will of the ward; simple guardianship kinds and methods; and existing the limitation of the pronunciation.The fourth part is American durable power of attorney enlightens for our adult guardianship system. Analyzing the necessity and possibility for China to transplant American durable power of attorney, suggestions (1)co-existing between the legal guardianship and voluntary guardianship system; (2)establishing the professional guardian; (3)establishing a superintendent system of adult guardianship had been brought forward to our adult guardianship.