China Focus: Bridging life and death, resolving the final dilemmas of vulnerable seniors

BEIJING, Jan. 23 (Xinhua) -- Ms. Luo, a widow in her 70s living in Shanghai, spent most of her days consumed by worry for her son, who has an intellectual disability. Her twilight years, she said, had been shadowed by questions of who will care for him after she is gone, and how she should manage family assets to secure his future livelihood.

But recently, some of her worries had been eased. Earlier this month, professional guidance from legal experts and notaries helped Luo reach a voluntary "intended guardianship" agreement with a relative, surnamed Liu, legally entrusting him with responsibility for her son's future care.

The agreement specified Liu's responsibilities related to daily care, medical decision-making, and asset management, as well as the legal consequences of failing to fulfill these duties. It also stated that any disbursement of funds must undergo a verification and confirmation process before being transferred.

"This is one of the most complicated cases we have handled in over a decade," said Huang Yuehua, who led Luo's case at an elderly services center in Shanghai. "Only a holistic solution could truly alleviate her worries."

The case will serve as a paradigm for the many Chinese seniors who are confronted with similar challenges -- particularly those who are caregivers for offspring with disabilities, have estranged relationships with their adult children, or live alone and have no descendants -- as China steps up its efforts to resolve the final dilemmas of these groups.

Data shows that over 7 million households with disabled family members across the country rely on the elderly for related support. Among these households, up to 80 percent of senior caretakers are aged between 60 and 69, and 20 percent are above 70.

Additionally, three out of every five elderly people in China live in what are known as "empty-nest" families, meaning they live alone or solely with a spouse, with the total number surpassing 180 million.

These empty-nesters often face a lack of care during periods of sudden illness or complexities in the handling of inheritance after death. In recent years, related disputes have been on the rise.

In one recent case, a 46-year-old woman who lived alone in Shanghai died in isolation, and there was no one who could sign for her emergency medical treatment or was capable of withdrawing her savings. The case has sparked widespread concern, underscoring the urgent need to protect the rights of empty-nesters.

Yang Lixin, a professor at Renmin University of China, noted that these challenges would be largely resolved if such individuals could specify an intended guardian and estate administrator beforehand.

According to Chinese law, an adult with full civil capacity may, through prior written consultation, designate a close relative, organization or other willing individual to serve as their guardian. This designated person or organization automatically assumes guardianship duties when the adult in question loses their civil capacity in full or in part.

China's Civil Code also includes the estate administrator system, which provides a statutory basis for the proper disposition of estates.

However, a recent survey by the China Will Registration Center found that over 90 percent of respondents acknowledged the importance of making a will and designating a guardian in a timely manner, but less than 3 percent said they would actually do so.

Experts say the legal concepts remain unfamiliar and complex among the public. They believe the challenge is further compounded by a lack of professional service providers, systematic solutions, supportive legal frameworks, and supervision over designated guardians and administrators.

Wu Guoping, a professor at Fujian Jiangxia University, said that fewer than 10 institutions in China are capable of providing professional intended guardianship services, and they are mostly concentrated in first-tier cities, meaning such services are virtually nonexistent in smaller cities and across the vast majority of rural areas.

Faced with difficult situations, some cities have taken the lead in institutional exploration. A revised regulation in Shanghai, effective November 2025, states that in addition to notarization, an intended guardianship agreement may also be witnessed on-site by a local government body, elderly organization or other relevant entities.

The regulation encourages the disclosure of agreement information to local government agencies, advises that copies are sent to auxiliary judicial agencies, and supports professional social organizations in serving as guardians or providing supervision services.

In 2023, Beijing also released a set of related guidelines, recommending the appointment of supervisors in intended guardianship arrangements.

Experts believe the involvement of social forces is still needed for these policy benefits to reach a wider population, and to effectively bridge the "last mile" of their implementation.

Earlier this month, the China Ageing Development Foundation (CADF) launched a charity project in Beijing to pilot one-stop intended guardianship and estate administration services for empty-nesters.

The project has collaborated with over 100 institutions in the fields of law, health care, elderly care and finance to establish services stations and organize public lectures, salons and one-on-one consultations for elderly individuals and their families.

Lin Yuan, deputy director of an inheritance services center in Guangzhou, south China's Guangdong Province, told a press conference for the project that the center will leverage the initiative to forge closer cooperation with various services institutions, ensuring the seamless integration of pre-mortem and post-mortem affairs for the special groups covered.

Simultaneously, it will coordinate with nursing homes and neighborhood committees to disclose entrusted matters and the content of services, and it will comply with supervision requirements, Lin added.

According to the CADF, the China Will Registration Center relies on a registration system that has been in operation for 13 years to register entrusted matters, including those related to intended guardianship, wills and estate management.

It also supervises entrusted institutions to make public disclosures, ensuring the immutable registration of entrusted matters while safeguarding personal privacy. "This approach aims to prevent moral hazards and infringements," said Chen Kai, director of the will bank project office at the CADF.

"This is like a tailored safety net for us, offering us tangible comfort and support," said Li Hong (pseudonym), a 63-year-old empty-nester in Beijing.

With no children by her side, Li said she can entrust a social organization as her intended guardian to assist in the management of her affairs both during her lifetime and after her death. "This gives me greater confidence and reassurance," she said. ■