How best to protect and respect? Comparative analysis of intended guardianship in China and lasting power of attorney in England and Wales

This article offers a timely comparison of two systems of legal protection for adults - 'intended guardianship' in China and 'lasting power of attorney' (LPA) in England and Wales. LPA is a legal arrangement designed to support adults in the event they no longer have the capacity to organize or make decisions about their own health, welfare, property, and financial affairs. In 2020, China's Civil Code introduced an LPA-like clause permitting any adult with 'full capacity for civil conduct' the right to negotiate guardianship arrangements in line with their own intentions. Through an original eight-point comparative examination of the legal underpinnings of both these systems, we show that, while intended guardianship goes further in meeting some of the needs of China's growing number of adults with decision-making impairments, current provision is too abstract to be fully effective and, combined with an absence of public supervision, actually creates possibilities for risk. Drawing on LPA experience, the establishment of an enhanced framework through bureaucratic restructuring, guiding precedents, and judicial interpretation could see greater protections and respect for decision-making autonomy in China.