An octogenarian in Shanghai, his wife died, and his only son suffering from mental illness died suddenly. The son’s funeral was accompanied by the stall owner who was doing fruit business downstairs, and no relatives were present. Three years ago, the old man took the stall owner to find a notary Li Chenyang to do guardianship notarization, and also gave 3 million properties to this unrelated stall owner. This incident was recently reported by the media and sparked heated discussions.
What is "intentional guardianship"?
Li Chenyang is a notary in Shanghai Putuo Notary Office. In an interview, he said that the old man and the stall owner knew each other several years ago. The old man ran to the fruit stall when he was fine, waiting for the children to go to school and chat with the stall owner. He also said that it is a comfort to an old man who lives alone at home and has no one to talk to him. It is a comfort to him to have such a place to accept him and to get what he calls family happiness.
Li Chenyang: For example, he said that my wife was gone and my son was gone. When I was helpless in my later years, there was no one to raise me. What should I do? I found someone first. I am not related to him. I am in a hurry.
The old man was anxious to find Li Chenyang, just to let the stall owner be his guardian while his consciousness was still clear. This is legally called "intentional guardianship", which is formally established in the General Principles of Civil Law and clearly stipulated in the Civil Code. It is still a new thing.
Li Chenyang said that like this old man, the scene of seeking legal help from the notary office happens every day because of an accident in his family. The old man seeks a sense of stability, and he needs a judicial department to help him solve the problem of his lack of identity.
Just like the old man, he took a fancy to a person, and this person is also willing. He needs to establish and form an identity connection between them through the way of "intentional guardianship", which is legally called the formation of judicial order.
What are the benefits of "intentional guardianship"?
As one of the earliest notaries of "intentional guardianship", Li Chenyang once handled the first effective case of intentional guardianship in China. In the notary office where he works, 80% of the cases are elderly groups like this old man who live alone, or who are widowed or widowed, and most of them are unrelated cases.
Once, the old man fell into a coma at home, which was discovered by the guardian stall owner and sent to the hospital. Without the care of relatives, the stall owner will go to the hospital after buying the goods in the morning and go home at night, day after day. Since then, the old man invited the stall owner and his wife who lived in the simple shed and their three children to live in their own house and form a special family.
Li Chenyang said that "intentional guardianship" will play an important role in some cases to avoid such a scene, and someone can help them solve it.
See a doctor: Doctors often ask the elderly, "Is the family here?" "Do you have a guardian?"
Apply for social welfare: The elderly have various social benefits, but when he goes to various departments to apply, others will also question his identity. Such an old man is not afraid of death, and he is most afraid of the painful death process. He must finish this life with dignity. "Intentional guardianship" is superior to legal guardianship, which is the glory and core point of the legal system. The purpose is the principle of autonomy, and the law guarantees the priority realization of your right to self-determination.
Daily care, serious illness treatment, hospice care, etc., "intentional guardianship" provides the bottom guarantee for widowed and lonely people seeking guardianship caused by force majeure, and it also goes beyond the possible emotional kidnapping of blood relatives, and respects the wishes of the elderly to the maximum extent.
"Intentional guardianship" needs the supervision of the third party.
However, when the old man sought custody, he gave up the property together, which surprised Li Chenyang and his colleagues. Because the distribution of inheritance is generally not linked with intentional guardianship, it is to avoid the bad intentions of guardians and accelerate the death of the elderly, which is also one of the controversial points in this case.
The work of the notary department is actually to rule out whether the elderly are deceived or coerced in the "intentional guardianship".
Li Chenyang: Non-close relatives like this may let them run many times, and consciously go may "torture" them, and (worry about the elderly) be confused, brainwashed and cheated. We professionals first understand his social circle and close relatives circle from clues or from his narrative communication, and then determine why the old man does not appoint his close relatives but a non-close relatives.
This "strange affection" between the old man and the stall owner is legalized, and it is investigated and verified beforehand, and the guardian’s behavior should be further supervised afterwards. This also means that "intentional guardianship" needs the supervision of an unrelated third party. However, the elderly feel that it is very valuable to find a guardian like the stall owner. Based on trust, he does not seek supervision measures like most elderly people, and cases like this account for about 90%.
Li Chenyang did not dare to treat this lightly. "The supervisor is similar to the secretary of the Disciplinary Committee. Sometimes, we will’ visit strangers’ and quietly enter his community without informing the elderly, and go with his neighbors, neighborhood committees or suddenly to his home to see this old man. I also often go to nursing homes, intensive care units, crematoriums, etc., because these places and scenes are what guardians need to appear, and they are also his due duties. "
Li Chenyang also said that when he visited the old man, he was radiant, and the smiling face when he saw the child was heartfelt and enjoyable.
This week, because the stall owner was selected as the guardian to deliver 3 million properties at the same time, the elderly frequently received interviews from various media, which was unbearable for relatives and friends; The guardian stall owner is also under pressure from public opinion because of the combination of real estate and guardianship.
Li Chenyang: Sometimes, I go to the ground and say that his family members are not good. I think this is unfair because they didn’t appear in the media and didn’t give them a chance to speak. As a young couple, the old man gave him such a big burden, and they were also surprised. The old man found me. Do we think this can be entrusted? Can you do it? What should I do if his family comes to me? In fact, the guardian’s worries are more complicated, including economic, physical, spiritual, and especially social censure. I think the comments on this case should be objective.
In February, the "Report" issued by the Office for Ageing showed that this year, China’s aging level will reach 17.17%. Among them, the elderly who can’t take care of themselves, such as disability and dementia, loneliness and disability, account for a certain proportion. How to make the elderly feel secure, independent and not lonely, the society needs more exploration and deep cultivation of the rule of law like intentional guardianship. Li Chenyang said, "We hope that they can live with dignity, live according to his wishes, and have trusted people to help him when he is powerless. Not only the elderly, but also myself, an ideal state for everyone. "
Bai Yansong:
The story I just finished reading is not just a problem related to the elderly. In 2019, the population aged 60 and over in China has accounted for 18.1% of the total population, and in a few years, the population aged 60 and over in China will exceed 300 million. Therefore, dealing with aging is a problem in all aspects, and one of the key points is to legislate first and complete the law, otherwise there will be many troubles in the future.
(Source: CCTV News Client)
