Immigration law stipulates that the premise for guardians to dispose of the ward's property is

The people's court may, upon the application of the relevant person or unit, revoke the qualification of guardian. According to this regulation, the guardian only has the right to protect the property of the ward, but has no right to dispose of it.

Legal analysis

Now it is a society ruled by law, and we all know that minors and mental patients will have corresponding guardians to protect the lives and property of the ward from infringement. A guardian shall perform his guardianship duties, protect the person, property and other lawful rights and interests of the ward, and shall not dispose of the ward's property except for the benefit of the ward. The right of guardians to perform their guardianship duties according to law is protected by law. If the guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear the responsibility; If property losses are caused to the ward, compensation shall be made for the losses. The people's court may, upon the application of the relevant person or unit, revoke the qualification of guardian. According to this regulation, the guardian only has the right to protect the property of the ward, but has no right to dispose of it. If a minor or mental patient without the above-mentioned close relatives loses the guardianship ability, the relevant unit or the residents' committee or villagers' committee may appoint a guardian from other close relatives and friends who are willing to assume the guardianship responsibility. When there is a dispute between close relatives about who is the guardian, the relevant units and organizations may mediate and appoint a guardian from among them. If the legal guardian or designated guardian is temporarily unable to perform his guardianship duties for some reason, he may entrust part or all of his guardianship duties to others. The person entrusted as the guardian is the entrusted guardian. In this case, unless there are special provisions, the civil liability for the damage caused by the ward shall still be borne by the legal guardian or the designated guardian, but if the entrusted guardian is really at fault, he shall bear joint and several liability.

legal ground

Article 34 of the Civil Code of People's Republic of China (PRC) * * * The guardian's duty is to represent the ward in civil legal acts and protect the personal rights, property rights and other legitimate rights and interests of the ward. The right of guardians to perform their guardianship duties according to law is protected by law. If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility. Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties and the life of the ward is neglected. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall arrange necessary temporary living care measures for the ward.