养老“三件套”:遗嘱、生前预嘱和意定监护如何操作
第一财经·2025-12-20 07:28

Core Viewpoint - The article emphasizes the increasing need for designated guardianship (意定监护) in the context of an aging population, rising singlehood, and the phenomenon of "lonely deaths," highlighting the importance of legal arrangements for elder care and asset distribution [1][5][7]. Group 1: Need for Designated Guardianship - The number of elderly individuals requiring designated guardianship is rising due to factors such as aging, singlehood, and children living abroad, leading to a potential increase in cases of individuals lacking guardianship [7][19]. - Cases of elderly individuals, such as a 90-year-old woman and a 70-year-old woman, illustrate the practical need for designated guardianship to manage healthcare and asset distribution [5][6]. - Statistics indicate that by 2024, China's population aged 60 and above will reach 310 million, accounting for 22% of the total population, with significant numbers of elderly living alone [6][7]. Group 2: The "Three Essentials" for Elderly Care - Experts recommend that individuals establish a legal framework consisting of designated guardianship, wills, and advance medical directives to ensure their wishes are respected in healthcare and asset management [9][10]. - Designated guardians can be family members or trusted individuals, and the legal documentation should be notarized to ensure its validity [9][12]. - Advance medical directives allow individuals to specify their preferences for medical treatment in critical situations, thereby guiding their designated guardians in making healthcare decisions [10][11]. Group 3: Cost and Accessibility of Designated Guardianship - The cost of basic designated guardianship services is relatively low, typically around 500 yuan per month, with higher fees for specialized needs [15][16]. - Concerns about financial exploitation by guardians are addressed, emphasizing that designated guardianship organizations do not typically manage large sums of money, and legal frameworks exist to protect individuals' assets [15][16]. - Public awareness of designated guardianship remains low, and there is a need for increased education and professional organizations to support this service [19][21]. Group 4: Challenges and Future Directions - The implementation of designated guardianship faces challenges, including societal stigma and a lack of public knowledge about the concept [19][21]. - The Shanghai government is actively working to establish a formal mechanism for designated guardianship to better protect the rights of the elderly [21][22]. - Future efforts will focus on enhancing legal protections and increasing the availability of designated guardianship services to meet the needs of an aging population [21].