Modern Transformation of Adult Guardianship System

The current adult guardianship system has clearly shows the following trendsfrom the global perspective: the transformation from the guardianship model of medical care to human rights; the changing of overall guardianship to partial guardianship; the expansion of the number of users; the diversification of protective and supportive measures; oritention with voluntary guardianship and supplement by legal guardianship. However, the adult guardianship system in China still falls behind the growing trend of mainstream adult guardianship around the world. As a signatory to the Declaration on the Rights of Disabled Persons, the legislation in China should be based on the reality of our aging society and complied with current international trends, to establish an adult guardianship system according to the model of human rights guardianship; respecting the principle of self-decision, minimum limitation, and capacity presumption; expanding the scale of adult guardianship users; and taking voluntary guardianship agreement as major supervision method. Meanwhile, we should establish the center position of limited supervision in legal guardianship, and set up measures of guardianship, protection and assistance on this basis. At the same time, to improve the article 26 in Elder Law and to build up a guardianship and supervision system adpoting Mental Health Act and relevant administrative regulations as its important parts.