上海意定监护新规出台,聊聊这份“养老预案”的喜与忧
Xin Lang Cai Jing·2026-01-02 01:59

Core Viewpoint - The new guardianship regulation in Shanghai aims to address the legal and ethical dilemmas faced by individuals, particularly those without family support, by establishing a structured system for advance directives and guardianship agreements [4][5]. Group 1: Regulation Overview - The Shanghai government has introduced a new regulation on December 31, 2025, to implement the advance guardianship system, responding to cases like that of Ms. Jiang, who faced severe legal challenges due to her lack of a designated guardian [4]. - The regulation transforms advance guardianship from a private contract into a social support system, creating a city-level information platform for dynamic updates and verification of agreements [5]. - The new framework includes standardized agreement templates, clarifies property management and rights, and establishes a collaborative support matrix involving notaries, judicial offices, and community organizations [5]. Group 2: Challenges and Concerns - Trust issues remain a significant barrier, as individuals may hesitate to assign their guardianship to family, friends, or unfamiliar organizations, despite the new regulatory framework [6]. - Supervision of guardianship agreements poses a challenge, as the effectiveness of monitoring compliance and preventing abuse of power by guardians is uncertain, given limited resources for oversight [6]. - There exists an information gap, as the most vulnerable elderly individuals may lack the skills or resources to navigate the new system, potentially leaving them unprotected [6]. Group 3: Societal Impact - The implementation of this regulation is seen as a social experiment aimed at addressing the needs of individuals who no longer rely solely on traditional family structures for support [7]. - The regulation reflects a positive societal response to the challenges faced by solitary individuals, striving to provide a reliable safety net for those who choose to live independently [7].