Section 2 Guardianship
Article 16
The parents of a minor shall be his guardians.
If the parents of a minor are dead or lack the competence to be his guardian, a person from the following categories who has the competence to be a guardian shall act as his guardian:
(1) paternal or maternal grandparent;
(2) elder brother or sister; or
(3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the units of the minor s parents or from the neighbourhood or village committee in the place of the minor s residence. In case of a dispute over guardianship, the units of the minor s parents or the neighbourhood or village committee in the place of his residence shall appoint a guardian from among the
minor s near relatives. If disagreement over the appointment leads to a lawsuit, the people s court shall make a ruling.
If none of the persons listed in the first two paragraphs of this article is available to be the guardian, the units of the minor s parents, the neighbourhood or village committee in the place of the minor s residence or the civil affairs department shall act as his guardian.
Article 17
A person from the following categories shall act as guardian for a mentally ill person without or with limited capacity for civil conduct:
(1) spouse;
(2) parent;
(3) adult child;
(4) any other near relative;
(5) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the unit to which the mentally ill person belongs or from the neighbourhood or village committee in the place of his residence. In case of a dispute over guardianship, the unit to which the mentally ill person belongs or the
neighbourhood or village committee in the place of his residence shall appoint a guardian from among his near relatives. If disagreement over the appointment leads to a lawsuit, the people s court shall make a ruling.
If none of the persons listed in the first paragraph of this article is available to be the guardian, the unit to which the mentally ill person belongs, the neighbourhood or village committee in the place of his residence or the civil affairs department shall act as his guardian.
Article 18
A guardian shall fulfil his duty of guardianship and protect the person, property and other lawful rights and interests of his ward. A guardian shall not handle the property of his ward unless it is in the ward s interests.
A guardian s rights to fulfil his guardianship in accordance with the law shall be protected by law.
If a guardian does not fulfil his duties as guardian or infringes upon the lawful rights and interests of his ward, he shall be held responsible; if a guardian causes any property loss for his ward, he shall compensate for such loss. The people s court may disqualify a guardian based on the application of a concerned party or unit.
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