MINGYUE GAO / GUANTAO · SHANGHAI
China-law reading notes
Brief explanations of terms used on this website. These are orientation notes, not advice for a particular arrangement.
Voluntary guardianship (意定监护)
Under Article 33 of the PRC Civil Code, an adult with full civil capacity may designate a willing guardian in advance by written agreement. The guardian takes up the role when the adult loses all or part of that capacity.
The term should not be assumed to have the same legal effect as a lasting power of attorney or another jurisdiction’s advance-planning instrument. Cross-border use requires separate consideration.
Estate administrator (遗产管理人)
Under Article 1145, an executor serves as estate administrator; where there is no executor, the Code sets out alternative arrangements. Article 1147 lists duties including identifying and safeguarding estate property, dealing with debts and distributing the estate.
This China-law role does not automatically correspond to an executor or administrator appointed under a foreign probate system.
Source and reading context
PRC Civil Code — Supreme People’s Court, Chinese text ↗
Relevant provisions: Articles 33 and 1145–1147. Reading notes updated: 7 October 2026.
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