When elderly people are unable to live independently and manage their property due to old age or other reasons, who should be the guardian? On October 28th, the Beijing High People's Court released the work and typical cases of civil trials involving the elderly in all courts in the city. In one of the cases involving elderly guardianship, the court revoked the qualification of an unqualified guardian in accordance with the law, which not only safeguarded the legitimate property rights and interests of the elderly Liu, but also clearly conveyed the position of the judiciary to resolutely curb the infringement of the rights and interests of the elderly. Case summary: Liu is of advanced age, and his only son has passed away. Liu's daily life is taken care of by his daughter-in-law, Dong. Liu's two younger sisters, Liu 1 and Liu 2, took Liu away in July 2022 and later applied to the court to declare Liu as a person without civil capacity and to appoint a guardian. The court has designated Liu Mou1 and Liu Mou2 as Liu Mou's guardians in accordance with the law. During their tenure as guardians, Liu Mou1 and Liu Mou2 sold Liu Mou's house 201 to a third party. Subsequently, multiple disputes arose between Liu Mou1, Liu Mou2, and Dong Mou. Dong eventually filed a lawsuit to the court, requesting the revocation of their guardianship status. After trial, the court found that Liu Mou1 transferred two-thirds of the sales proceeds to Liu Mou2, who then transferred the funds to his daughter's account for the purpose of paying insurance premiums for her daughter and transferring funds to third parties. The above-mentioned fund transfer behavior indicates that the second guardian did not dispose of the property with the purpose of safeguarding the interests of the ward Liu, but rather disposed of it arbitrarily and infringed upon the ward's property rights and interests. The court believes that the actions of Liu Mou1 and Liu Mou2 have seriously damaged the legitimate rights and interests of the ward, violated the legal duties and good faith obligations of the guardian, and therefore, the guardianship qualifications of Liu Mou1 and Liu Mou2 are revoked in accordance with the law. The core principle of China's guardianship system is "the most favorable to the ward", aiming to compensate for the ward's lack of civil capacity through special protection, and ensure that their personal, property, and other legitimate rights and interests are not infringed upon. This case is a typical case involving elderly guardianship, highlighting the importance and urgency of strengthening judicial protection of the rights and interests of the elderly in the context of an aging population. As they age, the physical and cognitive abilities of the elderly gradually decline, and some elderly people are in a disadvantaged position due to the loss or partial loss of civil capacity, unable to independently carry out legal acts, manage personal property, and decide their own life affairs. Therefore, guardians should fulfill their duties, take the wishes and interests of the ward as the fundamental starting point, carefully manage their property and arrange their lives, and ensure that they enjoy a dignified and peaceful old age. In this case, the court revoked the qualification of the unqualified guardian in accordance with the law, which not only safeguarded Liu's legitimate property rights, but also clearly conveyed the position of the judiciary to resolutely curb the infringement of the rights and interests of the elderly. Guardianship is not only a legal right, but also a heavy legal and moral responsibility. If a guardian abuses their power, neglects to perform their duties, or infringes on the interests of the ward, they will inevitably bear corresponding legal consequences. (New Society)