Recently, an octogenarian living in Shanghai’s Baoshan District, through the “intentional guardianship” of the home value of 3 million yuan of real estate to the fruit vendor news triggered On November 24, the elderly man’s niece, Ms. Wu, told reporters that a number of relatives went to take care of the elderly man during his hospitalization in 2017, not unattended as previously reported. In addition, the elderly were diagnosed with Alzheimer’s disease when they fell and were hospitalized in 2017, and the validity of the “intentional guardianship” of the elderly was questioned.
Family members were scheduled to go to the hospital during the elder’s hospitalization.
In the afternoon of the 24th, reporters in the Baoshan District, a district met the elderly man’s niece, Ms. Wu, and the elderly man’s sister and other relatives. For the previous media reports mentioned in the relatives do not contact the situation, they expressed sadness and indignation. “We are happy and harmonious family, 2017 elderly fall hospitalized, the family built a WeChat group, scheduling to go to the hospital care, and now say we do not contact, so that several sisters of the elderly are very cold, tormented. “The old man’s sister, Ms. Wang told reporters.
It is understood that the elderly a total of six sisters, currently living four people, respectively, living in Shanghai, Hainan and other places. After the death of the old man’s partner, his son worked in a bank and then suddenly died of mental illness. When the old man’s son died, his relatives had contacted the old man, hoping to rush over to help buy a cemetery and deal with the funeral together, but the old man said a fruit vendor near his home had already helped with the cemetery, and the cemetery had been bought, preventing his family from coming to help. “At that time, my brother said that this fruit stall owner took care of him, and he also liked the fruit stall owner’s children, and said that my health is not good, so do not come. “Ms. Wang told reporters.
On July 5, 2017, the elderly man was hospitalized after a fall at home, and her niece, Ms. Wu, received a call and sent him to the hospital with her family. On the same day, relatives of the family built a WeChat group, taking shifts to take care of the elderly in the hospital during the day and hiring a caregiver for the elderly at night. The old man’s sister in Hainan rushed to the hospital to visit her brother and feed him, Ms. Wu told reporters. However, during his hospitalization, the old man was not very good, often cursing, once from 1:00 a.m. to 4:00 a.m., the doctor called the family, the family went to stop.
Ms. Wu told reporters that on July 25, 2017, the old man was discharged from the hospital. The family rushed to the hospital, the old man is no longer in the hospital, by the fruit vendor picked up home. At the time of the discharge summary, the family learned that the old man already had Alzheimer’s symptoms.
The family questioned the validity of the “intentional guardianship” when they were discharged from the hospital with a diagnosis of Alzheimer’s disease.
The reporter saw on a discharge summary issued by the family that the old man was diagnosed with Alzheimer’s disease (Alzheimer’s) and other conditions. It is understood that after the old man was discharged from the hospital, these family members tried to visit him, but he was not in good spirits at that time and thought that his family members had come to fight over the family property and yelled at them. Since then, the relatives have cut off contact with the old man. “As long as we hear my uncle’s booming voice and news of his health on the phone, we don’t want to bother him or the vendor too much,” said Ms. Wu. “Ms. Wu said.
Until recently, the media reported that the old man had donated his property to the fruit vendor by way of “Intended Guardianship” and that his relatives had no one to talk to. We are very sad to see the report, not to take care of the elderly is a violation of filial piety, we would never do such a thing,” Ms. Wu told reporters. “Ms. Wu told reporters.
Ms. Wu told reporters that the old man was hospitalized, the fruit vendor had gone to take care of, at that time he was more polite to the family, said the families are busy, he came to take care of the old man. “At that time, we knew that the old man gave the family’s cash and so on to the fruit vendor, the hospitalization costs are paid by him, and we are all fine with this. “
Now, Ms. Wu and her family questioned the validity of the guardianship and were concerned about whether her uncle would be able to receive effective care in the future. Therefore, Ms. Wu and her family went to the Shanghai Putuo Notary Office, where they had obtained the guardianship, to ask what the meaning of “guardianship” was. “Intentional Guardianship” and how it is defined. “We question the elderly have Alzheimer’s disease, behavior can not be autonomous, notary public how to make the notary. “Ms. Wu told reporters, the notary told the family, in order to do “intended custody “, has gone to the district and other do a number of investigations, to seek the views of the elderly, and said that the elderly in good spirits.
The reporter learned from the elderly neighborhood committee, the notary did not go to the neighborhood committee on the matter, “We know that the fruit vendor to take care of the elderly, sometimes the elderly sick, he will come to the neighborhood committee to borrow a wheelchair. However, the old man is not very good, and has recently been lost in the community. The elderly neighborhood neighborhood committee director Ms. Shen told reporters, fruit stall owners have consulted a number of notaries, hoping to become the guardian of the elderly, the neighborhood committee has received BaoShan notary consultation, after learning about the elderly, did not do notarization to the elderly.
Lawyer: If the procedure is flawed family can sue to revoke the guardianship
Subsequently, the reporter came to the fruit vendor’s market stall, and his wife refused the reporter’s interview. The reporter called Mr. Li, a notary at the Putuo Notary Office, who refused to respond to the matter.
According to media reports, as the first batch of “intentional guardianship” notaries, Mr. Li, who notarized for the elderly, handled the first case in China. The “consensual guardianship” case is in effect. In his notary’s office, 80% of the cases come from elderly people who are living alone, orphaned or widowed, and most of them are not blood-related cases. In an interview, Mr. Li said that for those who are not close relatives, such as the old man in Baoshan, Shanghai, who have established “guardianship by design”, the notary department may allow them to Many times, they run the gauntlet, consciously “torturing” them to avoid confusing or deceiving them. The professionals from their narrative exchange, his social circle, the circle of close relatives to understand clearly, and then determine why the elderly do not appoint their own close relatives, but appointed a non-next of kin.
In this regard, Beijing Yingke (Shanghai) Law Firm lawyer Huang Chengchengqiang said, “Guardianship” of the guardian. The establishment of the “guardianship” relationship must be determined in writing. In addition, Shanghai also requires a notary public. If the above legal conditions and procedures are flawed, the right holder can sue to invalidate the “contractual guardianship”. From the trustee’s (intended guardian’s) perspective, it is advisable to file an action for declaration of incapacity, limitation of capacity, and determination of guardianship with the court as soon as the person under guardianship loses his or her civil capacity. If the fiduciary seriously infringes upon the rights and interests of the ward in the course of performing his or her guardianship duties, the person concerned can apply to the People’s Court to have his or her guardianship revoked.
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