The younger son sold his mother's property without authorization to buy a house and a car for himself and his children. This kind of behavior violates the provisions of the law on the duties of guardians.

This article was published in the magazine "Chinese Women".

Case

Hou Liping and her husband Zhao Guohua have three children. In 2021, Hou Liping was diagnosed with severe Alzheimer's disease by the hospital and was admitted to a nursing home. In 0, Zhao Guohua died. After consultation, the three children applied to the court to appoint a guardian, and the court found Hou Liping to be incapacitated for civil conduct, and appointed the youngest son of the old man, Zhao Bing, as the guardian. Subsequently, the three children accompanied their mother to go through the inheritance notarization, and Hou Liping inherited the real estate in the name of the deceased wife.

In the second year of serving as Hou Liping's guardian, Zhao Bing sold the property in the old man's name without authorization, and used the money obtained to buy a house for himself and a car for his daughter.

Zhao Bing's income is limited, and his sudden purchase of a house and a car aroused the suspicion of Zhao Jia and Zhao Ye. After confirming the source of the money to Zhao Bing, both were deeply dissatisfied with his unauthorized sale of the house. Hou Liping still had some savings, and in order to prevent Zhao Bing from continuing to embezzle Hou Liping's property, Zhao Jia and Zhao Ye applied to the Chaoyang District Court of Beijing to revoke Zhao Bing's guardianship qualifications on the grounds that Zhao Bing had seriously harmed Hou Liping's lawful rights and interests.

The judge hearing the case held that after Zhao Bing served as Hou Liping's guardian, he sold the real estate in the name of the old man without authorization to buy a house or a car for himself and his children when he did not have major financial needs such as medical treatment and pension, and his behavior seriously infringed on the property rights and interests of the ward.

　　在調取相關銀行交易流水及購房合同、購車協議之後，法院認定趙佳和趙燁所述屬實。2024年9月，法院判決撤銷趙兵的監護人資格，並另行指定趙佳擔任老人的監護人。

　　2024年10月，趙佳以老人監護人的名義向法院起訴，要求趙兵返還售賣侯麗萍老人房屋所得售房款。該主張得到了法院的支援。

parlance

Where guardians violate the rights and interests of the elderly, their qualifications shall be revoked

According to the provisions of the Civil Code, if a guardian commits an act that seriously infringes upon the lawful rights and interests of the ward, or neglects to perform guardianship duties, resulting in the ward being in a state of distress, then the relevant individual or organization may apply to the court to revoke the guardianship qualification. On the basis of an application, the court may appoint another guardian in accordance with law in accordance with the principle of the best interests of the ward. The "relevant individuals or organizations" mentioned above include: the ward's close relatives and other persons with guardianship qualifications in accordance with law, residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, civil affairs departments, and so forth.

The judge reminded that if the elderly are worried that they will be disabled or dementia in the future, and there is no "reliable" guardian, they may, in accordance with the provisions of the Civil Code, negotiate with their close relatives and other individuals or organizations who are willing to serve as guardians in accordance with the provisions of the Civil Code, and sign the "Intended Guardianship Agreement" to determine the guardian in writing. In the agreement, it can also be specified how the guardian will deal with the property of the elderly in the future, arrange for the elderly to seek medical treatment, etc.

At the same time, the judge also reminded the elderly that when choosing a guardian, it is necessary to fully consider factors such as their moral character, financial ability, and relationship with the ward, so it is important to choose a suitable and reliable person.

Text/Li Tianjia

Source: Chinese women