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What are the criteria for determining guardians

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What are the criteria for determining guardians


        

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  • 2024-06-25 02:00:49

    The determination criteria of guardians are as follows:
    1. According to Section 2 of Chapter II of the General Principles of the Civil Law of the People's Republic of China, parents are guardians of minor children.
    2. If the parents of a minor are dead or have no ability to supervise, the following persons with the ability to supervise shall act as guardians in order: grandparents, maternal grandparents; Brother and sister; 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.
    3. For adults without or with limited capacity for civil conduct, the following persons with capacity for guardianship shall act as guardians in order: spouse; Parents and children; Other close relatives; Any other individual or organization willing to act as guardian shall, however, obtain the consent of the residents' committee, the villagers' committee or the civil affairs department in the place where the guardian resides. Adults with full civil capacity may determine their guardians in writing through prior consultation with their close relatives or other individuals or organizations willing to act as guardians.

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