Guardians for adults are appointed in a legal order; if the ward injures someone, the guardian must pay compensation.

19. Guardians for adults are appointed in a legal order; if the ward injures someone, the guardian must pay compensation.

Cost: There are no direct costs. When disputes arise, parties must turn to the residents' committee, villagers' committee, civil affairs bureau, or court to resolve them.

In plain terms: Once an adult loses the capacity to act, a guardian must be appointed following this order: spouse, parents and children, other close relatives, and finally any other individual or organization willing to serve. If there is disagreement over who should serve, the local residents' committee, villagers' committee, or civil affairs bureau makes the appointment; parties may appeal to court if they disagree. Conversely, while still of sound mind, an adult may put in writing who they wish to serve as their guardian. If the ward injures someone, the appointed guardian is legally responsible for paying compensation.

Benefit: Article 28 of the Civil Code states that adults lacking or having limited civil capacity must be guarded in this order: “(1) Spouse; (2) Parents and children; (3) Other close relatives; (4) Any other individual or organization willing to serve, provided they receive approval from the local residents' committee, villagers' committee, or civil affairs bureau.” Article 31 adds that when disputes arise over guardianship, the local residents' committee, villagers' committee, or civil affairs bureau appoints a guardian; parties may appeal to court if they disagree, and the appointment must respect the ward’s true wishes and be made in their best interest. Until a guardian is appointed, the residents' committee, villagers' committee, or other legally designated organizations act as temporary guardians. Article 33 permits adults of full capacity to name their own guardian in writing while still of sound mind. Article 1188 stipulates that guardians must pay compensation when their ward causes harm; if they fulfilled their duties, the liability may be reduced. Compensation is paid first from the ward’s own assets, with any shortfall covered by the guardian. Article 1189 clarifies that even when guardians delegate duties, they remain liable; only when the delegatee is at fault does liability shift partially. This framework has been in effect nationwide since 1 January 2021.

Evidence grade: A

Sources: Civil Code of the People's Republic of China (Article 28, Article 31, Article 33, Article 1188, Article 1189). <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf>

Notes: Article 33 specifically addresses voluntary guardianship. Drafting a written arrangement while still of sound mind can prevent most future disputes; see Section 17, Item 1 for guidance on drafting such documents. Regarding compensation, guardians remain liable even when the ward is placed under the care of relatives or institutions; only when those caretakers are at fault does liability shift partially. Purchasing guardian liability insurance is therefore advisable. Article 78 of the Mental Health Law also holds guardians accountable for any harm caused by neglect or failure to fulfill their duties.