Can the five-guarantee provider be changed?

Guardianship system is to protect the rights and interests of minors and mental patients who do not have full civil capacity, but guardianship can also be changed under legal circumstances. Can the guardian of the five-guarantee household be changed? Does the law apply to changing guardians? What are the types of guardianship? Next, I would like to introduce you to the knowledge about whether the guardian of the five-guarantee household can be changed, hoping to help you solve the corresponding problems.

1. Can the guardian of the five-guarantee household be changed?

(1) According to the laws of our country, when one party does not have the guardianship conditions, the other party can change the guardian if it meets the conditions.

1. First, apply to the competent court to change the guardian.

2. According to the law, the first guardian changed to which party for no reason.

3. Identify some special problems in the case.

Applying for changing the guardian means that if the guardian of the respondent is unable to perform his guardianship duties, or refuses to accept the guardian appointed by the relevant organization, and fails to bring a lawsuit within the time limit prescribed by law, other qualified guardians or relevant units shall apply to the people's court for changing the guardian of the respondent.

(two) minors, guardians of mental patients with no or limited capacity for civil conduct may not be able to undertake guardianship duties for the following three reasons:

First, guardians are not qualified for guardianship. For example, a guardian becomes a person with no capacity for civil conduct or a person with limited capacity for civil conduct and does not have the qualification to perform guardianship; Another example is that the guardian's economic conditions are not suitable for being a guardian;

Second, the guardian's failure to perform guardianship duties may cause damage to the ward or has caused damage to the ward;

Third, if a guardian is appointed in accordance with the provisions of the Civil Code (202 1 to 1 implementation) and the appointed person is notified in writing or orally, the appointment is deemed to be established. If the designated person refuses to accept it, he shall bring a lawsuit to the people's court within 30 days from the date of receiving the notice. Fails to prosecute, according to the change of guardianship.

Second, the application of the law to change the guardian

Article 27 of the Civil Code stipulates that parents are guardians of minor children.

If a minor's parents are dead or have no guardian, the following qualified guardians shall serve as guardians in turn:

(1) grandparents, grandparents;

(2) brothers and sisters;

(three) other individuals or organizations are willing to act as guardians, but with the consent of the residents' committee, villagers' committee or civil affairs department of the minor's domicile.

Article 28. Adults with no or limited capacity for civil conduct shall be guardians in turn by the following persons with guardianship:

(1) spouse;

(2) parents and children;

(3) Other close relatives;

(four) other individuals or organizations willing to act as guardians, but subject to the consent of the residents' committee, villagers' committee or civil affairs department of the ward's domicile.

Article 35 A guardian shall perform his guardianship duties in accordance with the principle of being most beneficial to the ward. In addition to safeguarding the interests of the ward, the guardian shall not dispose of the ward's property.

When performing guardianship duties, guardians of minors should respect the true wishes of the ward according to the age and intellectual status of the ward when making decisions involving the interests of the ward.

When performing guardianship duties, adult guardians should respect the true wishes of the ward to the maximum extent, and guarantee and assist the ward to carry out civil legal acts that are suitable for his intellectual and mental health. The guardian shall not interfere with the affairs that the ward has the ability to handle independently.

3. What are the types of guardianship?

1, legal guardianship

Legal guardianship refers to the guardianship of guardians directly stipulated by law. The guardianship of grandparents, grandparents, brothers and sisters is legal guardianship.

Step 2 appoint a guardian

Designated guardianship means that there is no legal guardian or the legal guardian disputes whether to be a guardian, and the relevant unit or people's court designates a guardian for guardianship according to law. The so-called relevant units are in accordance with relevant regulations, including units where parents of minors work, units where mental patients work, and residents' committees and villagers' committees where minors and mental patients live. The organization concerned can only appoint guardians among the close relatives of the ward. The people's court has the power to decide or finally designate relevant organizations. The people's court may designate among the near relatives of the ward. If there are no close relatives or close relatives who cannot act as guardians according to law, they may also be appointed in the relevant residents' committees, villagers' committees or civil affairs departments.

If there is any dispute about whether to be a guardian, it shall be designated by the relevant organization. If a lawsuit is brought to a people's court without designation, the people's court will not accept it. If the relevant organization appoints a guardian in accordance with the provisions of the civil law and notifies the designee in writing or orally, it shall be deemed to be appointed; If the designated person refuses to accept the decision, he shall bring a lawsuit to the people's court within 30 days from the day after receiving the notice. If a lawsuit is filed within the time limit, it shall be handled according to the change of guardianship. After the guardian is appointed, he shall not change it himself; If it is changed without authorization, the original designated guardian and the changed guardian shall bear the guardianship responsibility. For the lawsuit brought by the appointed person who refuses to accept the appointment, the people's court may, when determining the guardian, appoint the guardian in order according to the relevant provisions of the Civil Code; If the person with guardianship qualification in the preceding sequence has no guardianship ability or is obviously unfavorable to the ward, the people's court may choose the best person with guardianship qualification in the following sequence according to the principle of benefiting the ward; If the ward has the ability to identify, it shall solicit the opinions of the ward as appropriate; The guardian can be one person or several people in the same order. In this spirit, the people's court can make a judgment to maintain or revoke the appointed guardian in relevant litigation; If the original designation is revoked by judgment, a guardian may be appointed separately at the same time. Before the people's court makes a judgment, in the order of appointing guardians, the guardianship responsibility is generally borne by the person with guardianship qualification.

3. Probate guardianship

Testamentary guardianship refers to the guardianship of the guardian's parents who choose the guardian through the will. The current law of our country does not stipulate this kind of guardianship, but it has been recognized in judicial practice. However, this kind of will must meet the following conditions: the testator must be the parents after the death of the ward; The testator must enjoy parental rights; The contents and procedures of a will must be legal.

4. Agreed custody

Agreed guardianship refers to the guardianship in which one or more persons with guardianship qualifications are determined by agreement to perform guardianship duties. If the guardian is determined by agreement between relevant qualified persons, the guardian determined by the agreement shall bear the guardianship responsibility for the ward. However, if an agreement is concluded between people with guardianship qualifications for the purpose of evading the law and shirking their responsibilities, the agreement is invalid, and the person with guardianship qualifications should still bear the guardianship responsibility.

So the same family is not necessarily the same guardian, and the remarried family is not necessarily the same person.

Five-guarantee households are generally supervised by the government. If it really conforms to the above-mentioned guardian change, it can also be changed, but legal procedures must be taken.