Legal Study Of The Application Of Trusts In The Administration Of Intended Guardianship Property

In the context of aging population,China pays more attention to the protection of rights and interests of special groups such as the elderly and the mentally ill.In today’s world of growing personal wealth and increasingly diversified requirements for asset management,difficulties in establishing the subject of intended guardianship,unclear authority,and moral risk problems of intended guardians can be the reasons for the frequent occurrence of disputes over property management in intended guardianship.The application of trust in the management of intended guardianship property is a more innovative guardianship model,and has relevant practical experience in reality.This guardianship model has a certain role in promoting the development of China’s trust industry,and can make up for the defects in the management of intended guardianship property in China.If the parties set up an agreement of intended guardianship in advance,and set up a trust system in property management,the personal care and property management are divided between the guardian and the trustee of the trust,and the property is specifically managed through the trust system,while the personal relationship is taken care of through the intended guardianship system,and a mechanism of mutual supervision between the guardian and the trustee is established on this basis,so as to effectively protect the ward’s This is of great significance in bringing into play the advantages of the trust system,responding to the needs of an aging society,and improving social governance.This paper focuses on the legal study of the application of trust in the management of intended guardianship property.Firstly,it introduces the problems of the management of intended guardianship property and the advantages of the trust system in property management,and presents the main problems of the application of trust in the management of intended guardianship property.Secondly,the necessity of the application of trusts in the management of intended guardianship property is explained in three aspects: preventing guardians from abusing their guardianship rights,achieving risk segregation of guardianship property and overcoming the limitation of the intended guardians’ lack of management ability of property;the feasibility of the application of trusts in the management of intended guardianship property is analyzed from the theoretical level and the practical basis in practice.Again,we examine extraterritorial legislation,comparing the American special needs trust model,the Japanese guardianship support trust,the Chinese Hong Kong special needs trust model and the Chinese Taiwan hospice trust,in order to provide some reference and reference for the practice of applying the trust system in the management of intended guardianship property in China.Finally,in view of the problems faced by the application of trusts in the management of intended guardianship property,we propose suggestions for improvement in terms of establishing strict admission conditions for trustees,adjusting the obligations of trustees and strengthening effective supervision,so as to make up for the shortcomings of the existing intended guardianship property management in China,and to provide a better solution for the elderly,special-needs families,people with family history of illness and other possible disabilities,homosexuals,Dink families,unmarried people,and people with disabilities in the context of aging and social diversification,It also provides new ideas to solve the future retirement status of special groups such as Dink families,unmarried people,and parents who are left alone.