Goto Main Content
:::

Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
CHAPTER IV Guardianship
Section 1 Guardianship over Minors
Article 1091
A guardian shall be appointed for a minor when he has no parent or when both the parents can not exercise the rights nor assume the duties in regard to the minor child. But this does not apply where the minor has been married.
Article 1092
In regard to a minor child, parents may authorize, in a written form, another person to perform the function of a guardian for specific matters and within a fixed period.
Article 1093
The parent who exercises and takes rights and responsibilities to the minor may appoint a guardian by will.
The guardian, appointed by the preceding paragraph, within 15 days after knowing being appointed as a guardian, shall report his/her name and residence to the court; he/she shall also apply for members, appointed by local government, in order to draw up an inventory of the ward’s property with those members.
If the guardian does not report to the court within the said periods, he/she is deemed to waive his/her rights.
Article 1094
Where both parents cannot exercise the rights nor assume the duties in regard to a minor child, or where the parents die without appointing any guardian by a will, or the appointed guardian refuses to be sworn in, the following shall be determined as the guardian in order
(1) Grandparents living in the same household with the minor;
(2) Elder brothers or sisters living in the same household with the minor;
(3) Grandparents not living in the same household with the minor;
Guardian, within 15 days after knowing being appointed as a guardian, shall report his/her name and residence to the court; he/she shall also apply for members, appointed by local government, in order to draw up an inventory of the ward’s property with those members.
If the guardian could not be determined under paragraph 1, the court may, upon the application of the minor child, any relative within the fourth degree of kinship, the public prosecutor, competent authority, or the other interested person, for the best interests of the minor child, appoint or replace the child's elder collateral relative by blood within the third degree of relationship, competent authority, the social welfare institution, or any other proper person as the guardian, and order the way and manner of guardianship.
The court shall also appoint members for drawing up an inventory of the ward’s property when appointing guardians under preceding paragraph or appointing/changing guardians under provisions of Article 1106 and Article 1106-1.
In the absence of the guardian provided in the first paragraph, and before the appointment according to paragraph 3 of the provision being decided by the court, the local authorities of social welfare concerned shall be the guardian of the minor.
Article 1094-1
When electing or changing guardians, for the best interest of the ward, the court shall take everything into consideration; the following things shall be paid attention to
(1) the ward’s age, gender, willingness, health, and the need of developing the ward’s personality.
(2) the guardian’s age, employment, personality, willingness, attitude, health, finance, and criminal records.
(3) relations between the guardian and the ward or relations between the ward and others living in the same household.
(4) when a juristic person is the guardian, the category and content of its business; and relations between the juristic person and its representative and the ward.
Article 1095
If the guardian has good causes, with the court’s permission, he/she may dismiss his/her duty.
Article 1096
The following persons shall not act as guardians
(1) minors.
(2) persons who are subjects to the commencement of guardianship or assistantship and have not yet revoked those orders.
(3) persons who declare bankrupt and have not yet resume their rights.
(4) absent persons.
Article 1097
Unless it is otherwise provided, a guardian shall, within the limits required for the protection and advancement of the ward's interests, exercise the rights and assume the duties of the parents in regard to a minor child. Where the guardianship is only provisionally authorized by the parents, the function of the guardian shall be limited to those so authorized.
When there are disagreements, regarding the ward’s serious rights, among several guardians, the court may designate one guardian to enforce rights.
The court may take opinions from the ward, competent authority or organization of social welfare when making preceding decision.
Article 1098
A guardian within the scope of his/her delegated power is the statutory agent of his ward.
Where the guardian has a conflict of interest with his/her ward or he/she cannot be the statutory agent to the ward under the law, the court can appoint a special agent based upon its discretion or the petition of the guardian, the ward, competent authority, organization of social welfare, or other interested persons.
Article 1099
On the commencement of guardianship, the guardian shall, in collaboration with the person designated by the will, local government, or the court, draw up an inventory of the ward's property within two months and shall also report to the court.
The court may extend periods when the guardian applies for extension.
Article 1099-1
The guardian may only do what is necessary for the management of the property being guarded before the completion of the inventory of the ward's property and also before reporting to the court.
Article 1100
The guardian shall exercise guardianship with the care of a good administrator.
Article 1101
The guardian shall not use or dispose of the ward's property except for the interests of the ward.
When the guardian does the following act, he/she shall acquire permission from the court; otherwise the act will not be effective.
(1) purchasing or disposing real property for the ward.
(2) renting out or providing others to use the ward’s living building or its base, or terminating lease of the ward’s living building or its base. The guardian shall not take the ward’s property for investment with the exception of purchasing state bond, treasury bills (TB), Central Bank’s saving fund, financial debt, negotiable certificates of deposit (NCD), banker’s acceptances (BA), or guaranteed-commercial paper (CP).
Article 1102
A guardian shall not acquire the property from his ward.
Article 1103
The ward’s property is managed by the guardian. All necessary payment for enforcing guardianship is paid by the ward’s assets.
The court, if necessary, may ask the guardian provide reports regarding guardianship, inventory of properties, in order to check guardianship or the ward’s assets.
Article 1103-1
(Deleted)
Article 1104
A guardian may claim for compensation; the court determines the amount of compensation based on the labor involved and the assets of the ward.
Article 1105
(Deleted)
Article 1106
When the guardian has any of the following circumstances and the ward has no guardian under paragraph 1 of Article 1094, the court may elects other proper guardian for the ward by its authority or upon the application of the ward or at the request of the applicant set forth in paragraph 3 of Article 1094
(1) death.
(2) with the court’s permission.
(3) any of the circumstances set forth in Article 1096.
Before the court elects a guardian, competent authority of local social welfare is the guardian of the ward.
Article 1106-1
If there is enough fact which indicates that the guardian does not act for the best interest of the ward, or other reasons indicate that the guardian should not be the guardian, the court may order guardianship to other proper person based on application made by applicant of paragraph 1 of preceding Article; and limitations set in paragraph 1 of Article 1094 do not apply.
Article 1107
When guardianship has changed, the guardian shall hand over the ward’s property to the new guardian. When the cause of guardianship ceases to exist, the guardian shall return the ward’s property to the ward; where the ward has deceased, the guardian shall hand over the ward’s property to his/her heirs. Under preceding two paragraphs, the guardian shall make statement of account for the ward’s property within two months from the termination of the guardianship and deliver the statement to the new guardian, the ward, or the ward’s heirs. The guardian may not be discharged from his/her duties until the new guardian, the ward, or the ward’s heirs approve his/her statement of account.
Article 1108
On the death of the guardian, the aforesaid account in the preceding article shall be rendered b his/ her heirs; if no heirs or heirs are unknown, the new guardian takes over the work, he shall report to the court along with an inventory of the ward’s property.
Article 1109
If the guardian, intentionally or negligently, has caused damage to the ward when performing his duties, the guardian shall compensate the ward any injury arising therefrom.
A claim for damages, based on preceding paragraph, shall be extinguished if not exercised within five years from the date the guardianship is revoked; if there is a new guardian, the period begins from the date the new guardian starts his/her guardianship.
Article 1109-1
The court shall inform the Household Administration Bureau for registration when electing guardians, allowing guardians’ dismiss, and re-electing or changing guardians.
Article 1109-2
If a minor is the subject to the commencement of guardianship based on Article 14, rules set forth in section 2 of this Chapter regarding adult guardianship apply to the minor as well.
Section 2 Guardianship and Assistantship over Adults
Article 1110
A person who has become subject to the order of commencement of guardianship shall be appointed to a guardian.
Article 1111
When ordering commencement of guardianship, the court shall elect one or more guardians among spouse, any relative within the fourth degree of kinship, relative resides together in recent year, competent authority, organization of social welfare or other proper person; and the court shall also appoint persons for drawing up an inventory of the ward’s property.
When selecting guardians based on preceding paragraph, the court may ask competent authority or organization of social welfare provide visiting report and suggestion. Applicants of guardianship or interested persons may also provide the court related information or evidence.
Article 1111-1
When electing guardians, for the best interest of the ward, the court shall first take the ward’s opinion and every other things into consideration; the following things shall be paid attention to
(1) the ward’s physical and spiritual health, his/her life and finance.
(2) relations between the ward and his/her spouse, children, and others living in the same household.
(3) occupation, experience, opinion of the guardian and relations between the guardian and the ward.
(4) when a juristic person is the guardian, the category and content of its business; and relations between the juristic person and its representative and the ward.
Article 1111-2
Juristic person or organization who provides care services to the ward, or the representative of, responsible person of, or any person who has a contract of hire of services, mandate or other similar relations with the juristic person or organization, shall not be the guardian of the ward. The spouse, any relative by blood within the fourth degree of kinship, and any relative within the second degree of kinship of the ward are not subject to the above restriction.
Article 1112
When enforcing guardianship relating the ward’s life, treatment, and financial management, the guardian shall respect the ward’s intent.
Article 1112-1
When selecting several persons as guardians, the court may designate guardians enforce their rights jointly or separately.
The court may revoke or change designation when guardians, the ward, applicants under paragraph 1 of Article 14 apply for a change.
Article 1112-2
The court shall inform the Household Administration Bureau for registration when ordering the commencement of guardianship, revoking guardianship, selecting guardians, allowing guardians’ dismiss, and re-electing or changing guardians.
Article 1113
Unless otherwise provided by the provisions of this Section, the provisions concerning the guardianship over minors shall apply mutatis mutandis to the guardianship over adults.
Article 1113-1
An assistant shall be appointed to a person who has become subject to the order of commencement of assistance.
Assistant and his/her related duties shall apply mutatis mutandis to Articles 1095, 1096, 1098(2), 1100, 1102, 1103(2), 1104, 1106, 1106-1, 1109, 1111, 1111-1, 1111-2, 1112-1, and 1112-2.
Section 3 Adult Guardianship by agreement
Article 1113-2
A guardianship over adults by agreement is an agreement whereby parties agree that one of them appoint the other party as his/her guardian when he/she has become subject to the order of commencement of guardianship, and the latter agrees to do so.
The parties, as specified in the preceding paragraph, may agree one or several agents; if there is more than one guardian, unless otherwise agreed upon by the parties, the guardianship shall be jointly managed by all the guardians.
Article 1113-3
The conclusion, modification of an adult guardianship agreement shall be made in the notarization made by the notary public. The notary public shall give a written notice to the court for the place of the domicile of the ward within seven days after the agreement notarized.
The notarization, as specified in the preceding paragraph, shall be performed by a notary public in the presence of both parties with their intentions.
An adult guardianship agreement becomes effective from the date of the declaration of commencement of guardianship.
Article 1113-4
Upon making a ruling pronouncing a declaration of commencement of guardianship, the court shall designate a guardian agreed in the guardianship agreement and simultaneously appoint a person who shall provide consultation and assistance to draw up an inventory of property together with the designated guardian; the court shall, if there is any, appoint a property consultant agreed in the guardianship agreement who shall provide consultation and assistance to draw up an inventory of the ward’s property; however, the court may change the consultation to other proper person by its authority If there is no property consultant agreed in the guardian agreement or the property consultant does not act for the interest of the ward.
Before the declaration of the preceding paragraph,
If there is enough fact which indicates that the guardian does not act for the interest of the ward, or other reasons indicate that the guardian should not be the guardian, the court may order guardianship to other proper person provided in paragraph 1 of Article 1111.
Article 1113-5
Before the declaration of the commencement of guardianship, both parties may at any time withdraw from the guardianship agreement.
The withdrawal of the guardianship agreement shall be made with a written notice by one party to the other; this withdrawal takes effect after the written notice notarized by the notary public. The notary public shall give a written notice to the court for the place of the domicile of the ward within seven days after the agreement notarized. To withdraw a part of the guardianship agreement is deemed to have been withdrawn as regards the whole agreement.
After the declaration of the commencement of guardianship, if the ward has good causes, with the court’s permission, the ward may terminate the guardianship agreement; if the guardian has good causes, with the court’s permission, he/she may dismiss his/her duty.
When the court approves the agreement termination under preceding paragraph, the court may order guardianship to other proper person provided in paragraph 1 of Article 1111.
Article 1113-6
After the declaration of the commencement of guardianship, where guardians manage their guardianship jointly, all of them in cases provided by paragraph 1 of Article 1106, or paragraph 1 of Article 1106-1, the court may order guardianship to other proper person provided in paragraph 1 of Article 1111 or change guardian at the request of the applicant provided in paragraph 1 of Article 14 or by its authority.
After the declaration of the commencement of guardianship, where guardians by agreement manage their guardianship separately, if guardians who manage the same guardianship in cases by paragraph 1 of Article 1106 or paragraph 1 of Article 1106-1, the court may order guardianship to other proper person under preceding paragraph or change all guardians in the same guardianship. However, the court shall first elect the one or change the guardianship to the one who manages other guardianship, if there is no other reasons indicate that the one should not be the guardian.
After the declaration of the commencement of guardianship, one or several guardians set forth in preceding two paragraphs in cases provided by paragraph 1 of Article 1106, the guardianship shall be changed to other guardian.
After the declaration of the commencement of guardianship, one or several guardians set forth in paragraph 1 and paragraph 2 in cases provided by paragraph 1 of Article 1106-1, the court may dismiss his/her guardianship at the request of the applicant provided in paragraph 1 of Article 14 or by its authority, the guardianship shall be changed to other guardian.
Article 1113-7
The ward shall pay or not pay the remuneration to guardian as agreed in the guardianship agreement; the court, in the absence of agreement, may determine the amount of his/her remuneration by the request of the guardian, taking into account the efforts paid into carrying out the guardianship and the assets of the ward.
Article 1113-8
If a guardianship agreement of an earlier date and a guardianship agreement of a later date conflict, the former is deemed to have been withdrawn in whole by the person in question.
Article 1113-9
The parties in the guardianship agreement may agree to eliminate the limitation to an agent in paragraph 2、3 of Article 1101.
Article 1113-10
Unless otherwise provided by the provisions of this Section, the provisions concerning guardianship over adults shall apply mutatis mutandis to adult guardianship by agreement.