According to the relevant laws of China, parents friends are generally unable to become guardians of their children. If the parents die or do not have guardianship, the grandparents, grandparents, brothers, sisters, etc. serve as guardians.
Other Close relatives and friends are willing to bear the guardianship responsibility with the consent of the unit where the minor s father or mother is located or the residents committee or village committee where the minor s residence is located.
If there is a dispute over serving as a guardian, it shall be designated by the relatives of the minor s parent or mother s unit or the residents committee or village committee of the minor s residence. If a suit is filed against the appointment, the people s court shall decide.
If there is no guardian as provided in paragraphs 1 and 2, the unit where the minor s father or mother is located or the residents committee, village committee or civil affairs department where the minor s residence is located shall be the guardian.
The duties of a guardian include two aspects of personal custody and property custody. The physical custody of minors is for the purpose of education and protection. The guardianship of a person who has been declared as incapacitated is to protect the safety of himself and the society and promote his or her health.
As for the guardianship of property, the guardian may manage the property of the guardian according to law, and acting on behalf of the guardian is a legal act. The Marriage Law of the People s Republic of China stipulates that parents have the obligation to bear civil liability when minor children cause damage to the state, the collective, or others. When exercising the right to manage property, guardians may use or dispose of them for the benefit of their ward, However, the disposal of real property is prohibited or severely restricted in the laws of many countries.
In order to prevent the guardian from using the guardianship relationship to infringe the rights of the guardian, the guardian shall not accept the property of the guardian unless there are special provisions in the law. Some countries also set up guardian supervisors in law to ensure that guardians perform their duties in accordance with the law, protect the rights and interests of the guardian when the interests of the guardian and the guardian conflict, and have special agencies such as guardianship courts.
According to the relevant laws of China, parents friends cannot generally become guardians of their children. If the parents die or do not have the guardianship ability, grandparents, grandparents, brothers, sisters, etc. serve as guardians.