Legal guardianship of elderly people.docVIP

 PAGE \* MERGEFORMAT 18 Legal guardianship of elderly people [Keywords:] Aged; care; guardianship How to effectively protect the legitimate rights and interests of older persons, all countries of China and the world a far-reaching an important issue. This situation of our country from the start, the legal basis of the elderly care, elderly care for the shortcomings of the legal system, proposed the establishment of old age Guardianship measures the legal system to solve the problem of population aging in China benefit. 1 Legal Analysis of the elderly care 1.1 The legal nature of custody elderly care originated in the Roman Law, Roman Law will be defined as “public law and allow those conferred age of reason for self-protection were not given protection of the exercise of authority and power” (1) . guardianship of modern society is due to mental, physical and mental condition and age and other factors required by law to give special protection to help the legal system. guardianship of the Civil Law is the monitoring and protection without civil capacity and limited civil ability of the legitimate rights and interests of minors and the mentally ill in the system. visible, set the monitoring system of human society, the purpose of a lack of capacity to protect the interests of the people. For the elderly this large social groups, the main purpose of the establishment of guardianship is the largest limits to protect the rights of vulnerable older persons to maintain the normalization of life of older persons, reflecting the spirit of the law people-oriented. elderly care with the rights and obligations of the unity of nature: on the one hand, guardianship as a legal system, rights and obligations from the consistent with the principle point of view, the guardian in the performance of certain obligations, must be entitled to statutory rights. On the other hand, the family pension and social pension with a combination of the elderly by family members and