While the elderly are still lucid, designate a future guardian in writing

While an elderly person still has a clear mind, it’s worth spending a few hundred yuan to have a written document notarized, naming who will serve as their guardian. Without such a document, once they lose decision-making capacity, a court must decide who gets to sign on their behalf and manage their finances. If family members disagree, the process can drag on even longer.

It costs only a few hundred yuan to have a notarized document drawn up at a notary office. A single conversation with the elderly person is enough to settle the matter. The real difficulty lies in bringing it up — you must directly discuss the day when they will no longer be able to make decisions for themselves.

Under civil law, adults who are mentally sound and capable of independent decisions (legally termed “adults with full civil capacity”) may proactively arrange for a future guardian through mutual agreement. This person can be a close relative or any willing individual or organization. Such an arrangement must be formalized in writing. When the person later loses all or part of their decision-making ability, the designated individual assumes responsibility. Absent this document, guardianship must be assigned by a court.

This arrangement is known as “voluntary guardianship,” meaning the guardian is chosen by the individual themselves, taking precedence over the standard legal order of guardianship. It is especially important for elderly people living alone, whose children reside far away, or those from complex family backgrounds. It is recommended to have the document notarized at a notary office.

全国人大 (2020). 民法典（第二十八条、第三十一条、第三十三条）. https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml