Designated guardianship case in Shanghai comes to verdict

In her last days, a mother in Shanghai left a will granting custody of her son to her sister instead of her husband. A Shanghai district court on Tuesday announced a verdict in support of her will.

It was the first case of designated guardianship by will in the city according to the Shanghai Changning District People's Court, which decided for the sake of the 16-year-old boy surnamed Chen, his 64-year-old aunt is becoming his guardian according to the will of the boy's mother, who died at 51 in March.

Chen was born in Shanghai in 2007. Since his early childhood, his father has suffered from severe bipolar disorder. The father began hospitalization in a mental health center when Chen was in primary school, and had never taken care of him.

The mother, Xu, was diagnosed with late-stage gastric cancer in 2020. Her elder sister, a peasant in Central China's Henan province, went to her sister's home to help with daily needs over several months.

Xu's health deteriorated in October, and the elder sister rushed to Shanghai again.

In early March, Xu decided to make a will to let her elder sister take custody. She requested a worker from the neighborhood committee write down her will. Xu died six days after finishing the document.

In June, Xu applied to Changning court to terminate Chen's father's guardianship and designate her sister as his guardian.

Chief judge Gu Xuelei said key to the case is whether Chen's father, who still lives at a mental health center, possesses the capability of guardianship and whether the aunt can serve appropriately.

Gu visited Chen's neighbors and school teachers as well as the father. "The father, 53, also suggested the aunt Xu as his son's guardian, and he said he doesn't have any relatives in his family who are still alive and can take care of the son," said Gu, who is also head of juvenile and family cases at the Changning district court. "Chen is a good boy. He will become a grade-two student at a senior high school next month. As he is still a minor and needs care and emotional support from an appropriate guardian, we decided in favor of Chen's mother's will."

He also mentioned Chen has been granted 2,500 yuan ($343) per month by the Shanghai Civil Affairs Bureau as a subsidy for children in need. Based on his outstanding academic performance, he has also been provided a scholarship from the Shanghai Women's Federation.