关键词: 监护信托, 老年人监护, 成年监护制度, 意定监护, 法定监护

Abstract:

In China，guardianship system is mainly designed for the juvenile and the mentally disabled. However，there is
no clear legal provision in China’s General Principle of the Civil Law for the guardianship of the old-aged (who had no or
limited capacities). Along with the graying of Chinese society，old-aged guardianship and supporting system is becoming both
a social problem and a legal problem. Article 26 of the newly revised Law on Protection of Rights and Interests of the Elderly
expanded the object of guardianship and supporting to all the elderly people who lost or partially lost capacity for civil conduct.
Strengthening the guardianship of the elderly in legislation is the first step for China to construct and complete the proposal
of adult guardianship system. However，in order to perfect the adult guardianship system，new guardianship methods should
be created to reforms such system. In the flexible guardianship trust system，professional guardianship institutions serve as
trustees，which will contribute to the construction of elderly guardianship system with Chinese characteristics. We hope that
this study will contribute to the legislation of guardianship system.

Key words: guardianship trust, elderly guardianship, adult guardianship system, mind-set guardianship, legal guardianship