commi ee, the villager’s commi ee, a relevant organiza on designated by law, or the civil a airs
department in the place where the ward’s domicile is located shall act as a temporary guardian.
Once appointed, a guardian shall not be replaced without authoriza on; where a guardian has been replaced
without authoriza on, the responsibility of the originally appointed guardian is not discharged.
Ar cle 32 Where there is no person legally quali ed as a guardian, the civil a airs department shall act as the
guardian, and the residents’ commi ee or villagers’ commi ee in the place where the ward’s domicile is
located may also act as the guardian if they are competent in performing the du es of guardian.
Ar cle 33 An adult with full capacity for performing civil juris c acts may, in an cipa on of incapacity in the
future, consult his close rela ves, or other individuals or organiza ons willing to be his guardian, and appoint
in wri ng a guardian for himself, who shall perform the du es of guardian when the adult loses all or part of
the capacity for performing civil juris c acts.
Ar cle 34 The du es of a guardian are to represent the ward to perform civil juris c acts and to protect the
personal, proprietary, and other lawful rights and interests of the ward.
A guardian’s rights arising from performance of his du es as required by law are protected by law.
A guardian who fails to perform his du es or infringes upon the lawful rights or interests of the ward shall
bear legal liability.
Where a guardian is temporarily unable to perform his du es owing to an emergency such as an unexpected
incident, thus leaving the ward in an una ended situa on, the residents’ commi ee, the villagers’
commi ee, or the civil a airs department in the place where the ward’s domicile is located shall make
arrangement as a temporary measure to provide necessary life care for the ward.
Ar cle 35 A guardian shall perform his du es in the best interest of the ward. A guardian shall not dispose of
the ward’s property unless it is for protec ng the interests of the ward.
When performing his du es and making decisions rela ng to a minor’s interests, a guardian of a minor shall
respect the true will of the minor based on the la er’s age and intelligence.
When performing his du es, a guardian of an adult shall respect the true will of the adult to the greatest
extent possible, and ensure and aid the ward in performing civil juris c acts appropriate to his intelligence
and mental status. The guardian shall not interfere with the ma ers that the ward is capable of
independently managing.
Ar cle 36 Where a guardian has performed any of the following acts, the people’s court shall, upon request
of a relevant individual or organiza on, disqualify the guardian, adopt necessary temporary measures, and
appoint a new guardian in the best interest of the ward in accordance with law:
(1) engaging in any acts which severely harm the physical or mental health of the ward;
(2) failing to perform the du es of guardian, or being unable to perform such du es but refusing to delegate
all or part of the du es to others, thus placing the ward in a desperate situa on; or
(3) engaging in other acts which severely infringe upon the lawful rights and interests of the ward.
The relevant individual and organiza on referred to in this Ar cle include any other person legally quali ed
to be a guardian, the residents’ commi ee, the villagers’ commi ee, a school, a medical ins tu on, the
women’s federa on, the disabled persons’ federa on, a child protec on organiza on, a legally established
organiza on for senior people, the civil a airs department, and the like.
Where the aforemen oned individual and organiza on other than the civil a airs department, as stated in
the preceding paragraph, fail to request the people’s court to disqualify the guardian in a mely manner, the
civil a airs department shall ini ate such a request to the people’s court.
Ar cle 37 A parent, child, or spouse legally obligated to pay for his ward’s support shall con nue to perform
such obliga ons a er being disquali ed as a guardian by the people’s court.
Ar cle 38 Where a ward’s parent or child, who has been disquali ed as a guardian by the people’s court for
reasons other than having commi ed an inten onal crime against the ward, and who has truly repented and
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