“孤独死”者的遗产归谁

Core Viewpoint - The article discusses the increasing prevalence of "lonely deaths" in society, particularly among individuals without spouses or children, and emphasizes the importance of establishing legal frameworks such as wills, advance directives, and designated guardianship to manage their affairs posthumously [3][4][9]. Group 1: The Issue of "Lonely Deaths" - The case of a 46-year-old woman, who passed away without heirs, highlights the complexities surrounding the inheritance of assets for individuals without direct relatives [3]. - As societal trends shift towards late marriage, childlessness, and an aging population, the number of individuals facing "lonely deaths" is expected to rise, raising questions about who will manage their affairs [3][4]. Group 2: Legal Frameworks for Inheritance - Many individuals in China do not establish wills or advance directives, leading to complicated inheritance issues for those who die without direct heirs [4]. - According to the Civil Code, the first order of heirs includes spouses, children, and parents, while distant relatives like cousins typically have no inheritance rights [4]. Group 3: Importance of Advance Directives and Guardianship - The concept of designated guardianship allows individuals to choose trusted persons to manage their affairs if they lose the capacity to do so themselves, which is particularly relevant for the growing number of older adults without immediate family [5][6]. - There is a lack of awareness and understanding of designated guardianship among the public, with over 60% of respondents unaware of the system [6]. Group 4: Government Initiatives - The Shanghai government is working on implementing a designated guardianship system, which will provide guidelines and support for older adults to establish such arrangements [8]. - The proposed system aims to create a consultation service and establish a framework for the appointment of guardians, ensuring that older adults can make informed decisions about their care and assets [8].