The Natural Guardian of a Person Lacking Civil Capacity: Who is it?

Pursuant to Article 53 of the Civil Code 2015, the natural guardian of a person who has lost civil act capacity is stipulated as follows:

In the event that there is no guardian as prescribed in Clause 2, Article 48 of the Civil Code 2015, the natural guardian of a person who has lost civil act capacity shall be determined as follows:

- In the case where the wife is the person who has lost civil act capacity, the husband is the guardian; if the husband is the person who has lost civil act capacity, the wife is the guardian.

- In the case where both father and mother have lost civil act capacity or one has lost civil act capacity and the other is not qualified to be a guardian, the eldest child is the guardian; if the eldest child is not qualified to be a guardian, the next child who is qualified to be a guardian shall be the guardian.

- In the case where the adult who has lost civil act capacity does not have a spouse or children, or if the spouse and children are not qualified to be guardians, then the father and mother are the guardians.

The above is the response to the question of the natural guardian of a person who has lost civil act capacity. You can find more information on this issue in the Civil Code 2015.

Sincerely!