Guardianship is the right exercised by guardians. The main objects of guardianship are children and mental patients. Of course, in practice, guardians are usually parents and children, but there are exceptions, which require notarization.
1. How should the notarization of guardianship be handled?
Notarization of guardianship shall be governed by the notarization office of the place where the parties reside, and notarization of guardianship agreement may also be governed by the notarization office of the place where the agreement is signed. The parties concerned shall apply in person to the notary office with jurisdiction and shall not entrust others to act as agents. When applying, the application form for notarization shall be filled in and the following materials shall be submitted:
1. My identity card;
2. Proof of the relationship with the guardian;
3. The basic situation of the guardian;
4. Other materials. Such as guardianship agreement, certification of consent of relevant units, etc.
The guardianship agreement shall not contain any content that impedes the growth of the guardian, such as forcing minors to receive religious training. The notary office shall not notarize the guardianship agreement that does not conform to the provisions of the Constitution and relevant policies of our country.
II. Main Contents of Guardianship
1. Personal custody
The personal guardianship of guardianship is basically the same as personal care in parental rights, including:
(1) The right to designate residence. Minors shall not leave their homes and residences designated by their guardians at will. This right is exercised by the guardian. For mental patients, the same is true.
Persons who cannot independently exercise their identity and decide their own matters must obtain the consent of their guardians before they can exercise them. For example, the guardian is responsible for the permission to limit the profession of the person with capacity for civil conduct and the correction of legal acts.
(4) Maintenance obligations. This obligation derives from the obligation of kinship. The guardian shall provide the guardian with maintenance expenses, including living expenses, education expenses and medical expenses, except that the guardian has property. If the guardian is unable to establish the duty of maintenance, he shall not undertake the duty.
(5) The right and duty to supervise and educate the guardian. If the guardian is a minor, his rights and duties of education and supervision are the same as those of parental rights; if the guardian is a mental patient, his rights and obligations of supervision have special contents. Besides protecting the guardian's personal integrity, he also has the duty to supervise the mental patient's rights not to infringe upon others. If the guardian fails to supervise the guardian and the guardian infringes upon the property and personal rights of others, the guardian shall bear the obligation of compensation. If the unit acts as guardian, the General Principles of Civil Law stipulate that it shall not undertake the obligation of compensation.
(6) Specific duty of care and treatment for mental patients. According to the specific situation, the guardian should be treated to promote his recovery.
The guardian should protect the property rights and interests of the guardian in an all-round way. Its main content is: the right to manage the property of the guardian. The Guardian manages the property of the guardian.
3. Legal Common Sense of Guardianship
1. Does guardianship belong to father after divorce?
The attribution of guardianship of children is based on the best interests of minor children, not the fathers. Judges are measuring the attribution of guardianship of minor children, mainly according to their age, sex, health, children's wishes and personality development needs, as well as their parents'age, morality, economic ability, occupation, parents' willingness to protect and raise their children. Various factors, such as degree, upbringing plan for children, interaction with children and emotional status, serve as the basis for judging children's guardianship.
2. Does a husband get custody if he earns more than his wife?
In law, the economic conditions of parents are not the only criterion for judging whether guardianship is appropriate or not, or the one who can really take care of their children will be granted guardianship. However, parents still need the lowest economic ability to keep their children fed and clothed, so that they can take care of their children.
3. Does guardianship belong to the other party and no child will be seen in the future?
After the guardianship belongs to the other party, the one who does not enjoy the guardianship still has the right to meet and contact with the minor children, that is, the so-called "visiting right". How to meet and interact with the children? How about the time? How about the way? What's the location? They can be agreed by their parents. Of course, if they fail to reach an agreement, they can also ask the court to deal with it.