What is a guardianship declaration?

For those with mental disabilities or other cognitive impairments who are unable to make or understand declarations of intent, or recognize the effects of their declarations, the court may issue a guardianship declaration upon request. At this point, the individual under guardianship becomes incapable of acting, and the court not only selects a guardian to act as their legal representative but also appoints an appropriate person to compile a detailed inventory of the ward's property with the guardian. The guardian may handle legal affairs on behalf of the ward, protecting them from making legally deficient decisions due to a lack of mental capacity.

【Case Background】

Xiao Yi has long been addicted to the nightlife and substance abuse, gradually losing mental clarity and squandering the cash inheritance from his parents. To raise money, he began eyeing the family heirloom, considering his share inherited back then, and decided to sell it. Xiao De, his brother, disheartened by this, sought our firm's help to protect the family heirloom from being sold off.

【Our Firm's Practical Experience】

When mental health is poor, are actions such as selling legally valid? According to Article 75 of the Civil Code: "A declaration of intent by a person incapable of acting is invalid; similarly, a declaration made unconsciously or during mental derangement is also invalid." This means that if a person with limited capacity (above 7 years old and under 20) or a fully capable adult (over 20, or a married minor), makes a legal declaration while unconscious or deranged, it cannot be recognized legally, potentially harming their legal rights. Therefore, the Civil Code specifically addresses such situations by giving the same effect as if made by a person incapable of acting. However, it is difficult to prove in court that a declaration was made in a state of unconsciousness or mental derangement.

Regarding individuals with mental disabilities or cognitive impairments who are unable to make declarations, the legal system has established a guardianship declaration, formerly known as disqualification from handling one’s affairs. According to Article 15 of the Civil Code, a person under guardianship is considered incapable of acting. Thus, even if the mental state of a person under guardianship recovers, if the court has not yet rescinded the guardianship declaration, their declarations remain invalid! Our firm has comprehensively analyzed Xiao De's situation, successfully assisted him in applying for a guardianship declaration against Xiao Yi to prevent further reckless disposal of the heirloom and protect Xiao Yi from exploitation.

Reference：Judicial Yuan

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