From “Individual in Family” to “Individual’s Family”: The System of “Designated Guardianship” and Its Ethical Implications

With the acceleration of China's population aging and shifts in family structures, the traditional guardianship system based on family blood ties increasingly reveals its limitations in addressing diverse elderly care needs. The system of designated guardianship, gradually established since the enactment of the Law on the Protection of the Rights and Interests of the Elderly, represents a significant innovation in guardianship arrangements. It fully respects the personal wishes of the ward, reflecting new legislative trends and shifts in social ethics, and propels China's adult guardianship system from family representation toward individual self-determination. This paper traces the legislative evolution of the designated guardianship system in China, examines the development of guardianship for “incapacitated persons” from the late Qing Dynasty to the Republican era, and integrates John Eekelaar's analysis of the core principles of modern family law. By exploring the continuity and transformation within the guardianship system, it aims to elucidate the underlying ethical progress and legal innovation reflected in these changes.