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Must the guardian be a parent

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Must the guardian be a parent


        

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  • 2024-06-06 08:00:04

    Of course not.

    When the parents of minors die or have no ability to supervise, the grandparents and maternal grandparents, brothers and sisters, close relatives or friends, parents' units, neighborhood committees or village committees in the minors' residence, and civil affairs departments will act as guardians in turn. If the ward is an adult mental patient, the scope and order of its legal guardians are: spouse, parents, adult children, other close relatives, close relatives or friends, the unit where the mental patient works or the neighborhood committee, village committee, and civil affairs department in the place of residence. The order of legal guardians has priority over that of guardians in the latter. However, the legal order can be changed according to the agreement of the guardian. If the guardian in the previous order has no ability to supervise or is obviously adverse to the ward, the people's court has the right to select the guardian from the latter order.

    Therefore, guardians are not necessarily parents.

    [Legal Basis]

    Article 27 of the Civil Code states that parents are guardians of minor children.

    If the parents of a minor have died or are unable to supervise, the following persons with the ability to supervise shall act as guardians in order:

    (1) Grandparents;

    (2) Brother and sister;

    (3) Other individuals or organizations willing to act as guardians, provided that consent is obtained from the neighborhood committee, village committee or civil affairs department in the place where the minor resides.

    y***

    2024-06-06 08:00:04

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