The loan intermediate guardian refers to one of the following people: 1. Legal guardian: Legal guardian only refers to the parents of the minor. If parents divorce, the custody relationship will not be affected. Guardianship will be canceled only in cases of crime, abuse, and obvious disadvantages to minors. 2. Negotiate custody, provided that the minor’s parents cannot serve as guardians or the ward is a mentally ill person. Negotiators for the former include: (1) grandparents, (2) adult brothers and sisters (3) other relatives and friends. Negotiators for the latter include: (1) Spouse (2) Parents (3) Adult children (4) Grandparents, grandparents, grandchildren, brothers and sisters (5) Other relatives and friends 3. Appointed guardianship, provided that after negotiation If it fails, the agency will specify it. This is the prerequisite procedure. The "institutions" here include the units where the minor's parents work, the units where the mentally ill patients work, and committees, etc. If you are dissatisfied with the agency's designation, you may file a request with the court within 30 days to request the court's designation. However, the court's designation is sequential (negotiation of the order of guardianship), and the latter can only be designated when the former is obviously unfavorable; if the ward has the ability to identify, the ward's opinion should also be sought. In the case of designated guardianship, if other relatives and friends do not agree, the appointment will not be accepted; if other relatives and friends agree, the consent of the relevant unit or committee must be obtained. 4. Institutional guardianship. If the above three types of guardianship cannot confirm the guardian, the unit, committee, or civil affairs agency will serve as the guardian.
Legal basis:
"People's Republic of China and Civil Code"
Article 28 Adults who have no capacity for civil conduct or have limited capacity for civil conduct For a person, the following persons with guardianship capacity shall serve as guardians in order: (1) spouse; (2) parents and children; (3) other close relatives; (4) other individuals or organizations willing to serve as guardians, but must be approved by the ward The residents' committee, village committee or civil affairs department of the place of residence agrees.
Article 29 If the ward’s parents serve as guardians, they may appoint a guardian through a will.
Article 30: People with guardianship qualifications according to law may agree on a guardian. The agreement establishes that the guardian should respect the true wishes of the ward.
Article 31 If there is a dispute over the determination of a guardian, the residents' committee, village committee or civil affairs department of the ward's residence shall designate a guardian. If the relevant parties are dissatisfied with the designation, they may apply to the People's Court for designation. Guardian; the relevant parties may also apply directly to the People's Court for the appointment of a guardian.
The residents' committee, villagers' committee, civil affairs department or people's court shall respect the true wishes of the ward and designate a guardian among those legally qualified for guardianship in accordance with the principle that is most beneficial to the ward. Before a guardian is appointed in accordance with the provisions of paragraph 1 of this article, if the personal rights, property rights and other legal rights and interests of the ward are unprotected, the residents' committee, village committee, relevant organizations prescribed by law or the civil affairs department of the place where the ward resides shall be responsible. Temporary guardian. After a guardian is appointed, he may not change it without authorization; any change without authorization will not relieve the designated guardian of his responsibilities.