A Discussion On The Intended Guardianship Contract

Adults with mental capacity are allowed to make a intended guardianship contract,a conditional trust contract,with natural person,legal person or unincorporated organization,so long as they are trusted.In certain circumstance,it can also be conducted by statutory guardian.Once the person under guardianship has been lost their capacity to lead a normal life,or the statutory guardian is out of service,thus supported assistance is in need,the intended guardian will come to work,protecting the personal and property rights.Not only a person with full civil capacity or limited capacity but still has certain mental capacity can sign such a contract by themselves,a person without civil capacity can also conduct it with the assistance of his or her statutory guardian.In order to be more normative,the intended guardianship contract should be signed in written form,and notarized.The contract will not come into force immediately,so long as the principle has lost civil capacity or other conditions matched,such as disability.The rights and obligations set in the contract are up to the parties' autonomy of will,but can't violate the rules of law.Finally,the contract might be terminated out of one of the parties' claim or the basis for intended guardianship no longer exists.On the other hand,the right to claim termination should be restricted so that the weak can be well protected and supported a normal life.