Designated guardianship refers to the guardianship designated by the guardianship authority when there is a dispute between persons with legal guardianship qualification to act as guardians. Designated guardianship is actually an extension of legal guardianship and still belongs to the scope of legal guardianship. The appointed guardianship is only generated when the legal guardians have disputes.
[Legal Basis]
In Article 31 of the General Principles of the Civil Law, if there is a dispute over the determination of a guardian, the neighborhood committee, the village committee or the civil affairs department in the place where the guardian is domiciled shall appoint a guardian. If the party concerned is not satisfied with the designation, it may apply to the people's court for the appointment of a guardian; The parties concerned may also directly apply to the people's court for the appointment of guardians. The residents' committee, the villagers' committee, the civil affairs department or the people's court shall respect the true wishes of the ward, and appoint a guardian from among the persons who are legally qualified for guardianship in accordance with the principle of being most beneficial to the ward. (The General Principles of Civil Law will expire on December 31, 2020)
In Article 31 of the Civil Code, if there is a dispute over the determination of a guardian, the neighborhood committee, the village committee or the civil affairs department in the place where the guardian is domiciled shall appoint a guardian. If the parties concerned are not satisfied with the designation, they may apply to the people's court for the appointment of a guardian; The parties concerned may also directly apply to the people's court for the appointment of guardians. The residents' committee, the villagers' committee, the civil affairs department or the people's court shall respect the true wishes of the ward, and appoint a guardian from among the persons who are legally qualified for guardianship in accordance with the principle of being most beneficial to the ward. (The effective date of the Civil Code is January 1, 2021)
