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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].
老有所依|意定监护如何收费?养老“三件套”吸引无伴侣无子女者关注
Di Yi Cai Jing· 2025-12-20 06:33
Core Insights - The increasing aging population and changing family structures have made designated guardianship, wills, and advance directives essential for ensuring a secure old age [1][9][19] Group 1: Designated Guardianship - Designated guardianship is becoming increasingly necessary due to the rise in elderly individuals without children or close relatives, leading to potential issues in care and inheritance [4][6] - Cases of elderly individuals, such as a 90-year-old woman without children, highlight the need for designated guardianship to manage healthcare and inheritance matters [4][5] - The number of inquiries regarding designated guardianship has surged, particularly following high-profile cases of "lonely deaths" [1][5] Group 2: Legal Framework and Recommendations - Experts recommend that individuals create legal documents for designated guardianship, wills, and advance directives to ensure their wishes are respected in healthcare and inheritance matters [9][10] - The designated guardian can be a trusted individual or organization, and the process should be formalized through notarization to ensure legal validity [10][11] - Establishing advance directives allows individuals to specify their medical treatment preferences in case of incapacitation, thus alleviating potential conflicts for guardians [10][18] Group 3: Financial Aspects and Public Perception - The cost of basic designated guardianship services is relatively low, typically around a few hundred yuan per month, which makes it accessible for many elderly individuals [14][15] - There is a general skepticism among the elderly regarding the involvement of designated guardianship organizations in financial matters, leading to hesitance in establishing such arrangements [14][15] - Public awareness of designated guardianship remains low, and there is a need for increased education and outreach to encourage more individuals to consider these legal arrangements [18][19] Group 4: Challenges and Future Directions - The implementation of designated guardianship faces challenges, including a lack of public understanding and the limited number of professional organizations offering these services [18][19] - The Shanghai government is actively working to establish a more robust framework for designated guardianship to protect the rights of the elderly, with plans for further development in the coming years [19]
“孤独死”者的遗产归谁
第一财经· 2025-12-17 04:41
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].
独身女子“孤独死”后遗产难买墓地?意定监护与遗嘱很必要|乐言商业
Di Yi Cai Jing· 2025-12-17 04:11
Core Viewpoint - The phenomenon of "lonely death" is becoming increasingly common due to trends such as late marriage, childlessness, and aging, raising concerns about inheritance and posthumous arrangements [1][2][7] Group 1: Inheritance Issues - The case of Ms. Jiang, who died without direct heirs, highlights the complexities of inheritance for "lonely death" cases, where distant relatives may face challenges in claiming the estate [1][2] - According to the Civil Code, the first-order heirs include spouses, children, and parents, while distant relatives like cousins do not have inheritance rights, complicating matters for those without immediate family [2][5] Group 2: Importance of Wills and Advance Directives - Many individuals in China avoid discussing death, leading to a lack of wills or advance directives, which complicates inheritance for those without direct heirs [2][5] - Establishing wills or advance directives is deemed necessary, especially for those without spouses or children, to protect their interests and reduce disputes after death [2][5] Group 3: Designated Guardianship - The concept of designated guardianship allows individuals to appoint trusted persons to manage their affairs if they lose capacity, which is crucial for the growing number of childless elderly [4][5] - There is a lack of awareness and trust in designated guardianship, with over 60% of respondents unaware of the system, indicating a need for education and legal frameworks to support it [5][6] Group 4: Government Initiatives - The Shanghai government is promoting the implementation of a designated guardianship system, providing guidelines and support for establishing such arrangements [6] - The initiative aims to create a consultation service mechanism and standardize the process for appointing guardians, effective from January 1, 2026 [6]