An 81-year-old Shanghai grandfather caring for two foreign-minor granddaughters faces a legal crisis after their mother's death. With no guardian and expiring passports, a court granted him guardianship, but his health and finances raise urgent questions about their future under China's 2026 Intentional Guardianship law.
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Two Foreign Girls in Shanghai Have No Guardian Except Their 81-Year-Old Granddad
Pic: 案件聚焦, 看看新闻
In 2024, an 81-year-old Shanghai resident, Mr. Wang, lost his only daughter to cancer. He was left to care for his two underage granddaughters. Though they have grown up in Shanghai, both girls hold foreign citizenship. With their biological father completely absent, Mr. Wang faced an immediate legal crisis: renewing the girls' expiring passports required a recognized legal guardian.
While a local court fast-tracked a ruling in September 2025 to officially grant Mr. Wang guardianship, his rapidly declining health and severe financial difficulties have raised a critical question: what happens to these foreign minors if their elderly grandfather passes away?
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The Financial and Physical Toll
Following his daughter's death, Mr. Wang's wife also passed away, and he lost sight in one eye due to grief. To pay off his late daughter's business debts, he sold his only apartment in Shanghai. He now relies on a 10,000 RMB monthly pension to cover 6,800 RMB in rent, while the girls' school fees cost 80,000 RMB per semester.
"At my age, I don't know how long I can hold on," Wang said. "Worrying is useless, at this age, I am powerless."
The Legal Risks of "Fostering" Abroad
Facing these pressures, Mr. Wang considered sending the girls to relatives overseas. However, legal experts warn this is fraught with risks.
Xu Kai, Vice Dean of the School of International Law at East China University of Political Science and Law, noted that while Chinese law permits "entrusted guardianship," simply sending children abroad without a formal transfer of guardianship under the destination country's laws can trigger suspicions of international child abduction or trafficking by foreign authorities.
Furthermore, the overseas relatives were only willing to "foster" the girls, refusing to accept formal legal guardianship. If Mr. Wang were to pass away, the children would be left legally stranded overseas without a recognized guardian.
The Gap in Guardianship Law
Can Mr. Wang simply write a will appointing a successor guardian for his granddaughters? Under China's Civil Code, the answer is no.
Legal experts point out that only parents have the right to designate a backup guardian via a will. This law is designed to prevent moral hazards and financial disputes over a minor's inherited assets. Grandparents do not have this legal authority.
To ensure the girls are not left vulnerable, public notaries have suggested that Mr. Wang could entrust a professional child-protection organization or social group with guardianship, overseen by local Civil Affairs departments.
"Intentional Guardianship" for the Elderly
Beyond the children's future, there is the question of Mr. Wang's own care. Local officials advised him that to even enter a nursing home or make critical medical decisions, he needs his own guardian.
To address this, Shanghai implemented new guidelines on "Intentional Guardianship" on January 1, 2026. This preventative legal mechanism allows adults of sound mind to preemptively sign a notarized contract appointing a trusted individual to handle their finances, daily affairs, and medical decisions should they lose mental or physical capacity in the future. Without it, property management and medical decisions can become completely paralyzed.
Currently, Mr. Wang is actively searching among his relatives for a trustworthy person to take on this Intentional Guardianship role. "As long as it's good for the children, I will do my best," he said.
Source: 案件聚焦, 看看新闻
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