The family conditions of foster care are bad, and the Dongguan court changes the guardian for the parties

Text, Figure/Yangcheng Evening News reporter Wang Lei Correspondent Huang Caihua Fang Shumin

Dongguan woman Ahua (pseudonym) was fostered in his uncle's house since he was a child. He had no ability to live at himself due to mental disorders and other physical diseases. A few years before fostering, Ahua was arranged to live in a lonely village house. Usually, he only relied on the nanny of the neighbor's house to deliver meals and baths. The living conditions were bad. Later, Sister Ahua negotiated with her family to change Ahua's guardianship, but the negotiation failed, and then sued to the court. A few days ago, the Second People's Court of Dongguan concluded the case. From the biggest principle of Ahua, it revoked the monitoring of his uncle and aunt, and changed his guardianship to Sister Ahua. On July 25, Sister Ahua sent her thanks to the judge.

Sister Ahua sent Jinqi Buruiwen to the judge

My sister's fostering my uncle's house, harsh living conditions

More than 30 years ago, the young Ahua (pseudonym) and her sister were fostered in different relatives' homes because of their mother's early death. Ahua was adopted by his uncle's house.

But the road of Ahua's growth is not smooth. After identification, Ahua suffered from organic mental disorders and had lost its ability to civil behavior. In addition, Ahua also suffered from other serious diseases and could not take care of himself.

Sister Ahua said that Ahua once moved into a nursing center in Dongguan and a hospital in Dongguan, but was dismissed because of often falling. From July 2018, Ahua was placed in a vulnerable bungalow in the village alone, and arranged for the nanny of the neighbors to take care of the elderly to deliver three times a day.

Sister Ahua also visited Ahua many times, and saw that the sanitary environment of her sister's residence was very bad. The wall was moldy, often the mice were going on, and her limbs were covered with mosquito bites, which was very distressed. Then he asked to change his sister's guardianship to herself and want to send her sister to the nursing home. But because of various considerations, he did not agree.

The court determined that the monitoring was insufficient, and the judgment changed the guardian as a sister

In May of this year, Sister Ahua sued the Second People's Court of Dongguan, asking for the abolition of the monitoring of Ahua and Auntie, and changed Ahua's guardian to herself. Sister Ahua said sadly that because of the lack of care, Ahua had fallen unconsciously on March 16 this year and was sent to the severe care room for treatment. Today, I have a good job, I have conditions and ability to take care of my sister by myself.

The aunt and aunt argued that they had raised Ahua for many years and had high treatment fees for Ahua's expenditure. They always asked the nanny to help take care of Ahua. At present, in order to take care of the grandson and live in a local high -end community, although he has not lived with Ahua, he has fulfilled his obligation to the guardian.

According to the court, the court believes that Ahua suffers from mental disorders and is a person with no capacity for civil behavior. She is also unable to take care of themselves because of illness. She needs to be taken care of in a bungalow. Obviously insufficient. Ahua's uncle is over seventy years old, and her aunt is in her sixties. She claims to take care of her grandson and cannot live with Ahua, indicating that it is difficult to fulfill the obligation of the guardian due to limited conditions. Sister Ahua made it clear that she would send Ahua to the nursing home for treatment, which is in line with the principle that is most conducive to Ahua.

In July of this year, the court applied for a special procedure to make a final trial judgment, revoked the monitoring of Ah Hua and Aunt's aunt, and changed the guardian to Sister Ahua. The judgment has taken effect.

A few days ago, Sister Ahua had sent Ahua to a hospital to check her body and is going through the procedures for admission.

Judge said: According to the most conducive to the principle of the guardian, determine the right to guard

The judge in this case said that the law had clearly stipulated how to determine the right to guard. Article 34 of the "People's Republic of China" stipulates that the responsibility of the guardian is to act as an agent to implement civil legal acts, protect the person's personal rights, property rights, and other legitimate rights and interests of the guardian. Article 35 of the Law also stipulates that the guardian shall fulfill the monitoring duties in accordance with the principles that are most conducive to the guardian.

In this case, all parties are relatives who have blood relationships. They should have the same morality and take care of Ahua, the guardian of the guardian. In the case of differences in all parties, the court complies with the principles that are most conducive to the guardian in accordance with the law. They believe that Ahua's guardian is more suitable for his sister. To maintain the legitimate rights and interests of Ahua.

Source | Yangcheng Evening News • Yangcheng School

Responsible editor | Zhang Degang

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