Shanghai court grants maiden guardianship rights to neighbour of mentally ill man


A Shanghai court appointed a 71-year-old man as the legal guardian of his mentally ill lone neighbour, marking the city’s first such case involving unrelated individuals. - Illustrative photo: Shutterstock

SHANGHAI, (China): A Shanghai family’s decades-long devotion to a vulnerable neighbour has led to the city’s first legal guardianship case involving people unrelated by blood.

Ren, 71, inherited a quiet act of compassion from his parents, caring for his neighbour Xu, 56, for four decades, the Shanghai Law Journal reported.

Xu was born with a mental disability. Originally from Xinjiang in northwestern China, he never married, had no children and has no surviving relatives

He moved to eastern China’s Shanghai in the 1980s with his grandfather, who died years later, leaving him to live alone.

Ren’s parents, who lived in the same residential building, noticed Xu’s plight and stepped in to help with his meals and daily care.

“My parents looked after him purely out of sympathy,” Ren told local media.

Ren is pictured at the hearing, which has garnered significant public and media attention; the courtroom was filled to capacity with reporters and members of the public. - Photo: QQ.com
Ren is pictured at the hearing, which has garnered significant public and media attention; the courtroom was filled to capacity with reporters and members of the public. - Photo: QQ.com

In 2007, the responsibility passed to Ren, who had recently retired. He later arranged for Xu to move into a care home, hoping to give him a safer and more stable life.

When Xu’s monthly subsidy failed to cover the fees, Ren paid the difference himself.

He also helped Xu apply for welfare support, attend medical appointments and renew his disability certificate.

In 2021, after Xu’s old home was demolished, he received a resettlement flat and more than one million yuan (US$150,000) in compensation.

Concerned that Xu could not manage the assets on his own, Ren sought help from local authorities. With Xu’s consent, legal experts drew up an asset-management plan.

The flat was registered in Xu’s name, while the neighbourhood committee kept the property ownership certificate. A small portion of the compensation was set aside for Xu’s daily expenses and could only be withdrawn when Xu and Ren went to the bank together. Most of the remaining money was placed in savings.

Recently, Xu’s elder sister, his last surviving relative, died of illness in Xinjiang. Because she never married or had children, her funeral and estate matters remained unresolved.

Ren then petitioned the local court for guardianship, seeking legal authority over Xu’s affairs.

During the hearing, Xu said he had deep affection for Ren’s family and had “always trusted them”.

During the hearing, Xu, left, who has lived with a mental disability, stated that he has never married, has no children, and has no surviving relatives, yet holds deep affection for Ren’s family and has “always trusted them.” - Photo: QQ.com
During the hearing, Xu, left, who has lived with a mental disability, stated that he has never married, has no children, and has no surviving relatives, yet holds deep affection for Ren’s family and has “always trusted them.” - Photo: QQ.com

Taking Xu’s wishes and circumstances into account, the court appointed Ren as his guardian. The ruling also requires Ren to regularly report to the neighbourhood committee on his duties and Xu’s finances.

Ren said: “I watched Xu grow up. Before, I always felt there was no proper legal basis for caring for him. Now that I am his legal guardian, I will devote myself fully to looking after him.”

Local reports said the case marked a first for Shanghai, after a person with no blood ties to another was named their legal guardian.

Ren said caring for Xu was a responsibility he “could not let go of,” adding that he had never sought personal gain. If he is one day unable to continue, he said, his daughter will take over.

The story has struck a chord on mainland social media.

“The kindness of Ren’s family is in their bones. This was a relay of love across generations,” one online observer wrote.

“May every genuine bond between people be protected by the law,” said another. - South China Morning Post

 

 

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