Application Of Trust System In Adult Guardianship Of My Aunt

China’ s elderly population is increasing rapidly,and the number of people suffering from diseases such as.dementia and brain diseases is also increasing rapidly.Therefore,guardianship system plays an increasingly important role in enabling senior citizens with decision-making disabilities to smoothly handle their own property or personal affairs.At present,the introduction of general provisions of the civil law,adult guardianship has been formally established in China,However,due to its own defects,the legitimate rights and interests of adults are difficult to be protected.In China,most of those chosen as guardians are relatives.Relatives are responsible for the daily life,treatment and convalescence of the ward,and often mix the ward’ s property with their own.When the relatives are in charge of the daily life,treatment and convalescence of the ward,they are prone to misappropriation or misappropriation of the ward’ s property.Therefore,And increase the victim’ s care,compared with the supervision of the guardianship’ s property management affairs by the court afterwards,it is necessary to formulate countermeasures from the perspective of prevention.As an alternative,active use of the trust system is being discussed.The author thinks that the trust system of ten thousand yuan can make up for the shortage of the adult guardianship in our country,and can completely replace the property management of the guardian in the adult guardianship in our country.A trust is a system that maintains or manages property through a trustee with specialized property management capabilities,thereby maximizing the benefits of property rights and the utility of management.Moreover,users can freely determine the setting method of trust,the content of trust,The trustee,the scope of the trust property,the measures for the administration of the trust property,and the contents of the usufruct,so the trust system can be flexibly applied in a variety of forms.On the other hand,trust is a system that separates various functions of property rights and maximizes their benefits and management.Therefore,the functions of the trust related to the protection of elderly property have attracted much attention.A trust is a system which meets the needs of the elderly for the proper management and use of the property accumulated over a lifetime,and for the means of inheritance according to their own will.With respect to property,although trusts already perform the function of guardianship,If the elderly are combined with the adult guardianship system,they can further protect the elderly.Especially as a preliminary measure,those who conclude the guardianship system at the same time as signing the trust contract may seek the protection,management and benefits of property while taking care of their individuals.On the one hand,we can protect his property more effectively,and combine him with the adult guardianship system to improve the effectiveness of the system respectively.the present article by studying the present legislation in our country adult guardianship system,and analyze the defects existing in the adult guardianship in our country,points out that to compensate or alternative to trust the feasibility,If the elderly are combined with the adult guardianship system,they can further protect the elderly.it points out the applicable trust of our country adult guardianship in sustainable solutions,solve the realistic requirement of adult guardianship.