On The Conclusion And Supervision Of The Elderly Voluntary Guardianship Contract

China's current "Law on the Protection of Rights and Interests of the Elderly" and "General Provisions of the Civil Law" introduced the system of voluntary guardianship,but there is no mention of the system of voluntary guardianship contract as the core content and the form of realization of the voluntary guardianship system.In view of the fact that the elderly are the main users of the system,the author will discuss the subject,form,content and supervision of the elderly voluntary guardianship contract from the point of view of the conclusion of the elderly voluntary guardianship contract so that it can be operated in practice.The elderly voluntary guardianship contract has the general attributes of the contract,and the general principles and theories of the contract law are still applicable.In the specific application,can refer to the relevant provisions of the contract law on the entrusted agency.About the subject of the contract,As long as the client has the corresponding contracting ability and reaches the age of 18,under certain circumstances,it is possible for the legal representative to sign the contract for the elderly's intended care.For the trustee,restrictions on personal qualifications of close relatives or other individuals willing to serve as guardians except on the positive conditions,it is necessary to enumerate the situation that can not be the guardian in the negative aspects,and should be taken as the trustee by the single person,and the age difference between the two parties should be agreed on the standard of intergenerational.For organizations as guardian,including voluntary organizations,public welfare organizations and other social organizations,including non-profit legal entity,but subject to public power intervention of relevant organizations for strict market access and practicing standardized management.Concerning the form of the contract: it must be written and notarized and documented.On the content of the conclusion of the contract,In principle,the rights and obligations of the guardian shall be mainly prescribed by the parties.However,the parties shall make special arrangements for matters involving the custodian's major interests(such as immovable property disposal).The parties may carry out the conditions for the entry into force of the contract and the deadline.At the same time,the contents of the contract should also contain imperative provisions for the liquidation of the property.In addition,the supervision of the intended guardianship contract was discussed,As for the subject of supervision,the civil affairs department can supervise the performance of the contract as a public power supervision institution or stipulate that the individual as a guardianship will supervise the performance of the contract.In accordance with the supervision of the Civil Affairs Department,when the trustee is a natural person,the parties can make clear the agreement to exclude the application of the supervision of the civil affairs department;it must be applied when the trustee is the organization for the aged and other organizations.For the individual as the intending guardianship supervisor,the trustee can freely agree whether to apply and how to choose the supervisor.