A Study On China's Elderly Voluntary Guardianship Contract

Elderly voluntary guardianship contract refers to the elderly who have mental capacity elect guardian according to their own wishes, entrust their own future guardianship matters to them, and grant them power of attorney by signing a contract,which is the core content and the realization form of elderly voluntary guardianship.Although the elderly voluntary guardianship contract belongs to the category of Entrust Contract, it can not be replaced by the general entrust contract or related civil law institutions of China.Chinese current law, the Elderly Protection Act introduces the elderly voluntary guardianship system as an principled regulation in Article 26, which is a revolution of the traditional concept of guardianship. However, this regulation has many flaws, such as too general and short of specific provisions, which lead to the implementation of the elderly voluntary guardianship system become a reality problem.Therefore, I suggest that the contract of elderly voluntary guardianship is designed according to the entrust contract. The main body scope of the elderly voluntary guardianship contract should be expanded, which should mainly consider the ability to sign contract, not only limited to the standard of full capacity and age. Guardians also become diversified, according to the guardian's different, to set different rights and obligations. At the same time, the contract can be agreed on the content of supervision,draw lessons from foreign experience, to establish the supervision system of the supervisor and the supervision organization. The conclusion of the contract, effective,termination, etc, to follow the basic provisions of the contract law, but to set strict procedures. Adhere to the guardianship contract prior to the legal guardianship application principle, necessity and complementary principles, to ensure the effective application of appointed guardianship system, and protect the willingness of elderly.