2. The guardian and the ward sign an intentional guardianship agreement;
3. Both parties go to the notary office for notarization;
4. The agreement takes effect after the ward loses all or part of his capacity for civil conduct;
5. The guardian carries out civil juristic acts on behalf of the ward.
With China stepping into an aging society, the protection of the rights and interests of the elderly is increasingly presented to people. How to ensure the elderly to enjoy a more dignified and temperate old age has also become an important proposition. In this context, the notaries of Chengdu Notary Office actively believe that the personal and property rights and interests of the elderly will be better protected by notarization of intentional guardianship, fixing the personal wishes of the elderly and determining the person they trust as their guardians.
Article 33 of the General Principles of the Civil Law stipulates: "Adults with full capacity for civil conduct may consult with their close relatives and other individuals or organizations willing to act as guardians in advance to determine their guardians in writing. When an adult loses or partially loses his capacity for civil conduct, the guardian determined through consultation shall perform his guardianship duties. "
On the whole, the terms of intentional guardianship are completely opposite to other terms of guardianship. This is the ward's own choice, but the premise is that the other party's consent must be carefully obtained before this right can be legally implemented. Therefore, we must negotiate when dealing with it. Once the guardian agrees, he must fulfill his responsibilities and protect the rights and interests of others.