Systemic Solutions Needed for Guardianship of Elderly Living Alone (AI Translation)

【周刊提前读】独居老人监护呼唤制度供给

The sudden death of a close friend prompted 69-year-old Fang Tian, who lives alone, to confront the pressing issue of elder care. Like many elderly people in China, especially those without close family, Fang worried: if she fell ill or died, who would make crucial decisions or manage her affairs? This problem is becoming widespread as the proportion of "empty nesters," the disabled, and those with dementia increases rapidly nationwide [para. 1][para. 2][para. 3]. A 2023 report found that nearly 80% of surveyed elderly expressed concern over not having someone to execute urgent medical or end-of-life decisions for them [para. 4].

Responding to this societal need, Article 33 of the Civil Code allows capable adults to pre-select guardians—relatives, friends, or organizations—who would take over if they became incapacitated [para. 5][para. 6]. This new voluntary guardianship system goes beyond traditional kinship and empowers seniors to choose trustworthy individuals, even outside the family [para. 7].

Fang chose her long-term “godson” as her guardian, formalizing the arrangement through notarization—a process enabled by recent legal reforms [para. 8][para. 9]. However, not all elderly are as fortunate in finding suitable guardians, with childless couples often struggling to identify anyone willing to take responsibility [para. 10][para. 11]. In these cases, social organizations have emerged as potential guardians. But professional social guardianship organizations remain rare—there are only around 10 nationwide—which falls far short of rapidly rising demand [para. 12][para. 13][para. 14].

Key drivers for guardianship needs include demographic trends: China's aging population, decreasing birthrates, and shifts in marriage and family patterns. As of 2021, 59.7% of China's elderly lived in "empty nest" households, a sharp increase since 2010 [para. 15][para. 16]. Beyond the childless, other high-need groups include families separated by migration, those with disabled children, and even elderly embroiled in family disputes [para. 17][para. 18].

Despite legislative advances—voluntary guardianship was first introduced in law in 2012 and expanded to all adults in 2021—practical implementation faces major hurdles. The supply of specialist organizations is inadequate, entry criteria are unclear, and there is little public awareness. Most elderly are unfamiliar or hesitant about entrusting their care to organizations [para. 19][para. 20][para. 21]. Accustomed to family-based support, many delay decisions until incapacity looms [para. 22][para. 23].

Defining guardianship responsibilities remains contentious: some expect total daily care, while organizations see themselves as legal decision makers, not caretakers. Service fees are also a challenge—elderly clients are often reluctant to pay the necessary costs (e.g., 500–2,500 yuan/month), yet actual labor costs and legal risks for organizations are high [para. 24][para. 25][para. 26]. Legal interpretations increase organizational liability, as guardians may bear full responsibility for any harm caused by those under their care [para. 27][para. 28][para. 29].

Oversight is a critical concern. Without robust supervision, risks of property mismanagement or abuse of authority rise. Currently, institutions often separate management of person and property, holding most assets in escrow, but a unified, systematic oversight mechanism is still lacking [para. 30][para. 31][para. 32]. Some advocate that government entities, like China's Ministry of Civil Affairs, play a coordinator’s role—drawing on international models like Public Guardian offices in Canada and Singapore [para. 33][para. 34][para. 35][para. 36].

Looking forward, experts agree that a robust guardianship network should include family-based, social, and state guardianship as complementary layers, with clearer regulation of boundaries and responsibilities, improved funding, and increased public awareness [para. 37][para. 38][para. 39]. Though a legal framework exists, implementation is incomplete, leaving families, organizations, and the state continuing to negotiate how to best safeguard China’s growing elderly population [para. 40][para. 41][para. 42][para. 43][para. 44][para. 45].