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How to determine the guardian of a mentally ill patient
1. Persons who can serve as guardians. According to the provisions of the "General Principles of the People's Republic of China and Civil Law", the following persons serve as guardians for mentally ill patients who have no capacity for civil conduct or have limited capacity for civil conduct: 1. Spouse. 2. Parents. 3. Adult children. 4. Other close relatives. 5. Other close relatives and friends are willing to assume guardianship responsibilities, with the consent of the mental patient's unit or the residents' committee or village committee of his residence. 2. Order of guardians and dispute resolution. 1. According to the provisions of relevant judicial interpretations, the order of appointing guardians is determined according to the above five categories of people; the guardian can be one person or several people in the same order. 2. If there is a dispute over the appointment of a guardian, the unit where the mental patient works or the neighborhood committee or village committee of the place of residence shall appoint the guardian among close relatives. If a lawsuit is filed against the designation, the decision shall be made by the People's Court. 3. If there is no guardian as stipulated above, the unit where the mentally ill patient works or the residents' committee, village committee or civil affairs department of the place of residence shall serve as the guardian.
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