Cases in Which a Guardian May Be Changed? Is the Transfer of Guardianship Required to Be Documented in Writing?
Is it possible for a current guardian to transfer the guardianship to someone else?
According to Article 60 of the Civil Code 2015, the change of guardianship is regulated as follows:
A guardian may be changed in the following circumstances:
a) The guardian no longer meets the conditions prescribed in Article 49 and Article 50 of this Code;
b) The guardian is deceased or has been declared by the Court as having limited civil act capacity, difficulty in perception, control over behavior, loss of civil act capacity, or is missing; the legal entity acting as a guardian ceases to exist;
c) The guardian seriously violates the obligations of guardianship;
d) The guardian requests to be changed and there is another person willing to act as the guardian.
In cases where the guardian is changed automatically, those specified in Article 52 and Article 53 of this Code shall be the automatic guardians; if there is no automatic guardian, the appointment and designation of a guardian shall be executed according to the provisions of Article 54 of this Code.
The procedure for changing a guardian shall be carried out according to the regulations of the law on civil status.
** A guardian can only be changed under one of the circumstances prescribed above. However, if you propose the change of guardianship to your sibling and your sibling agrees, the guardianship can be changed.**
Must the transfer of guardianship be documented?
Based on Article 61 of the Civil Code 2015 concerning the transfer of guardianship:
- Upon changing the guardian, within 15 days from the date of acquiring a new guardian, the previous guardian must transfer the guardianship to the new guardian.
2. The transfer of guardianship must be documented, clearly stating the reason for the transfer and the condition of the assets, and other relevant issues of the ward at the time of the transfer. The agency responsible for appointing and designating the guardian, and the person supervising the guardianship shall witness the transfer of guardianship.
- In cases of changing the guardian as stipulated in Clause 1 of Article 60 of this Code, the agency responsible for appointing and designating the guardian shall record in writing, clearly stating the condition of the assets, other relevant issues of the ward, and the rights and obligations arising during the performance of guardianship to transfer to the new guardian with the supervision of the person supervising the guardianship.
Thus, according to current regulations, the transfer of guardianship must be documented and witnessed by the person supervising the guardianship.
Sincerely!
