Perspective | Decoding the Advance Care Planning System: Making Legal Arrangements for Your Future Self
Published:
2025-09-23
As China’s society continues to age, the number of people living alone, single individuals, and women without children is steadily increasing. Consequently, how to ensure their ongoing livelihood and financial security after losing some or all of their civil capacity has become a growing concern for more and more families. Traditionally, the guardianship system has primarily relied on "statutory guardianship," where the order of legal succession determines who will serve as the guardian. However, real-life situations often prove more complex than what is outlined in legal statutes: some individuals have no suitable immediate family members available, others prefer specific friends or relatives to take care of them, and still others wish to proactively arrange for decisions regarding their finances and medical care in advance. In response to these societal needs, China’s *General Provisions of the Civil Law* first established the "voluntary guardianship" system in 2017, which was further refined when the full *Civil Code* came into effect in 2021. The voluntary guardianship system reflects the law’s respect for individuals’ autonomous wishes, while also serving as an essential tool to safeguard citizens’ personal and property rights.
I. Introduction
As China's society becomes increasingly aged, the number of people living alone, single individuals, and women without children continues to rise. Ensuring their own livelihoods and financial security—even after losing some or all of their civil capacity—has become a growing concern for more and more families.
The traditional guardianship system primarily relies on "statutory guardianship," where the guardian is determined according to a legally prescribed order. However, real-life situations often prove more complex than the letter of the law: some individuals have no suitable immediate family members, others prefer specific friends or relatives to care for them, and still others wish to arrange in advance matters such as property management and medical decision-making.
In response to societal needs, our country General Provisions of the Civil Law In 2017, the "voluntary guardianship" system was first established, and it was further refined after the implementation of the Civil Code in 2021. The voluntary guardianship system reflects the law's respect for individuals' autonomous wills, while also serving as a crucial tool to safeguard citizens' personal and property rights.
2. What is an intended guardianship?
According to Article 33 of the Civil Code: "Adults with full civil capacity may, after prior consultation with their close relatives, other individuals willing to serve as guardians, or relevant organizations, designate their guardian in writing. When the adult loses or partially loses civil capacity, the designated guardian shall assume the responsibility of providing care and protection."
In short, when adults have full civil capacity, they can enter into a written agreement with a trusted individual or organization to appoint that person as their guardian should they later lose some or all of their civil capacity due to illness, disability, or other reasons.
Unlike "legal guardianship," the core of "voluntary guardianship" lies in autonomous choice. It allows individuals, while still capable and competent, to proactively decide on their future guardianship arrangements in advance, thereby preventing uncertainty over guardianship rights or family conflicts that might arise from unforeseen circumstances.
III. Scenarios for the Application of Statutory Guardianship
In the following scenarios, statutory guardianship is particularly meaningful:
1. Elderly seniors: Arrange in advance who will be responsible for daily care and medical decisions, preventing family members from clashing over guardianship issues.
2. Patients with Critical Illnesses: Some chronic or genetic conditions may gradually impair a patient's ability to function, making advance planning essential for maintaining continuity in daily life.
3. Singles or individuals without children: You can choose a trusted friend or organization to serve as your guardian, helping you avoid the predicament of being "left unattended."
4. Property Management Seekers: Through intended guardianship, ensure that future assets can be managed and used responsibly.
5. Families hoping to reduce conflict: By clearly designating a guardian in advance, potential inheritance or guardianship disputes can be minimized.
IV. Conditions and Procedures for Establishing Statutory Guardianship
1. Establishing the Main Entity
The founder must be an adult with full civil capacity.
The trustee can be a close relative, a non-relative individual, or even a social organization or welfare institution.
2. Formal Requirements
You must sign Written Agreement 。
The agreement should include: the scope of guardianship, rights and obligations, rules for property usage, and mechanisms for dispute resolution, among other things.
3. Confirmation and Effective Date
The intended guardianship agreement becomes effective immediately upon signing, but it takes effect only when the settlor partially or completely loses civil capacity due to illness, disability, or other similar reasons.
4. Recommended safeguard measures
To enhance legal effectiveness, it is recommended to adopt Notarization How to proceed.
Under suitable conditions, one can combine tools such as wills and family trusts to create a more comprehensive personal legal arrangement.
V. Legal Effect and Liability of Voluntary Guardianship
1. Effectiveness
Once effective, the appointed guardian enjoys the same legal status as a statutory guardian and can represent the ward in handling matters related to daily life, medical care, property, and more.
2. Guardianship Responsibilities
Personal care: Includes housing, meals, nursing, and more.
Medical decisions: including appointment arrangements and surgical consent, among others.
Property management: Use assets wisely to ensure coverage for living and medical expenses.
o Rights protection: Representing the ward in civil activities or litigation.
3. Oversight and Accountability
The guardian shall respect the ward's wishes and must not abuse their authority.
If there are instances of infringement, negligence, or improper management, the relevant organizations and individuals may, according to Article 36 of the Civil Code, apply to have the guardianship revoked, allowing the court to re-designate a guardian in accordance with the law.
VI. Notes and Special Reminders
1. Carefully select a guardian
The guardian is responsible not only for providing daily care but also for managing the ward's assets, and should therefore choose someone who is truly trustworthy, reliable, and capable of fulfilling their duties effectively.
2. Please detail the agreement terms as much as possible.
Clearly define the scope of guardianship, rules for property usage, and oversight mechanisms to prevent future ambiguity.
3. The Importance of Notarization
Although not legally required, notarization can maximize the validity of the agreement and help reduce potential disputes.
4. Integrating with Other Legal Systems
For cases involving significant assets or complex family situations, tools such as wills and trusts can be utilized in combination.
5. Regular Adjustment
As family relationships and health conditions change, the terms of the agreement can also be modified or revoked.
6. Advance care planning is not a substitute for marriage
In practice, some have attempted to legitimize "special relationships" through intended guardianship, even viewing it as an alternative to marriage. It is crucial to clarify:
The purpose of intended guardianship is to ensure both daily living care and the handling of personal affairs;
It cannot give rise to the rights and obligations inherent in a marital relationship (such as spousal status, inheritance rights, and the right of visitation for spouses, among others);
Using intended guardianship as an alternative to marriage is neither legal nor risk-free.
7. Typical Application Scenarios
1. Seniors make arrangements in advance
An elderly person, concerned about future dementia, proactively signed an advance care planning guardianship agreement with some of their children. After the elder's condition worsened, the children designated as signatories to the guardianship agreement legally assumed guardianship, thereby preventing disputes within the family.
2. Protection for Singles
A single woman entered into an advance care planning guardianship agreement with a trusted friend. After she suffered a sudden cerebral hemorrhage, her friend seamlessly fulfilled the guardianship duties, promptly giving consent for the necessary surgery and ensuring her life was safely protected.
Intentional guardianship not only helps reduce potential conflicts but also ensures the legitimate rights and interests of the parties involved at critical moments.
VIII. Conclusion
The establishment of the voluntary guardianship system represents a significant innovation in China's guardianship framework. It strengthens individuals' autonomy and underscores the law's respect for citizens' wishes and dignity.
For elderly individuals, patients with serious illnesses, single people, and those seeking to reduce family conflicts, advance healthcare directives are a system arrangement worth considering and utilizing.
Lawyers recommend in practice:
• The parties involved should plan ahead and carefully select a guardian;
• The agreement terms should be as detailed, clear, and unambiguous as possible, and accompanied by notarization.
• When it comes to property management, systems such as wills and trusts can be used comprehensively;
• Never mistake intended guardianship as a substitute for marital relationships.
Through scientific and legal arrangements, an intended guardianship can effectively safeguard an individual's dignity and financial security, providing more reliable legal protection for the future.
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