Ar cle 39 A guardianship is terminated under any of the following circumstances: (1) the ward has obtained or regained full capacity for performing civil juris c acts; (2) the guardian has become incompetent to be a guardian; (3) the ward or the guardian deceases; or (4) Any other circumstance in which the people’s court determines to terminate the guardianship. Where a ward is s ll in need of a guardian a er the termina on of the guardianship, a new guardian shall be appointed in accordance with law. Sec on 3 Declara on of A Missing Person and Declara on of Death Ar cle 40 If a natural person’s whereabouts have been unknown for two years, an interested person may request the people’s court to declare the natural person as a missing person. Ar cle 41 The period of me during which a natural person’s whereabouts is unknown shall be counted from the date when the natural person has not been heard of ever since. If a person is missing during a war, the me of his whereabouts becoming unknown shall be counted from the date the war ended or from the date as determined by the relevant authority. Ar cle 42 A missing person’s property shall be placed in the custody of his spouse, adult children, parents, or any other persons willing to take such custody. Where a dispute arises over the custody of a missing person’s property, or the persons provided in the preceding paragraph are unavailable or incompetent for such a purpose, the property shall be placed in the custody of a person appointed by the people’s court. Ar cle 43 A custodian shall properly manage the missing person’s property and safeguard his proprietary interests. The taxes, debts, and other due payment obliga ons owed by a missing person, if any, shall be paid by the custodian out of the missing person’s property. A custodian who, inten onally or due to gross negligence, causes damage to the property of the missing person shall be liable for compensa on. Ar cle 44 Where a custodian fails to perform his du es of custodian, infringes upon the proprietary rights or interests of the missing person, or if the custodian becomes incompetent to be a custodian, an interested person of the missing person may request the people’s court to replace the custodian. A custodian may, with just cause, request the people’s court to appoint a new custodian to replace himself. Where the people’s court appoints a new custodian, the new custodian is en tled to request the former custodian to deliver the relevant property and a property management report in a mely manner. Ar cle 45 Where a missing person reappears, the people’s court shall, upon request of the said person or an interested person thereof, revoke the declara on of his being missing. A missing person who reappears is en tled to request the custodian to deliver the relevant property and a property management report in a mely manner. Ar cle 46 An interested person may request the people’s court to make a declara on of the death of a natural person under either of the following circumstances: (1) the natural person’s whereabouts have been unknown for four years; or (2) the natural person’s whereabouts have been unknown for two years as a result of an accident. ti ti ti ti ti ti ti ti ti fi ti ti ti ft ti ti ti ft ti ti ti ti ti ti ti ti ti ti ti ti ti 8 ti ti mended his ways, applies to the people’s court for being reinstated, the people’s court may, upon considering the actual situa on and upon the sa sfac on of the prerequisite that the true will of the ward is respected, reinstate the guardian, and the guardianship between the ward and the guardian subsequently appointed by the people’s court a er the disquali ca on of the original guardian shall thus be terminated simultaneously.

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