Work

Guardianship Reporting System: A Comparative Legal Perspective

Year: 2025
Type: article
Abstract: The aging of the population and the miniaturization of the family have intensified the need for guardianship, but the current guardianship supervision relies on ex post facto remedies, poses a vacuum of supervision and the risk of alienation of guardianship, and is unable to adapt to changes in the mental status of the ward. The U.S. Multi-Review Network and the innovative reporting model of the Beijing Civil Affairs Bureau and the Shanghai Jiading Court provide realistic models for system construction. China should introduce the concept of assisted decision-making, clarify the reporting responsibilities of guardians, build a pluralistic and co-governance review system centered on civil affairs departments and a guardianship information sharing mechanism, form a professional training and assessment mechanism for guardians, and promote the transformation of the guardianship supervision system from "passive relief" to "active prevention". Transformation of the guardianship supervision system from "passive relief" to "active prevention".
Language: English
Subfield: Law
Open Access status: hybrid
OpenAlex ID: W4411254145
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