Civil Code Article 1113-4

This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.

Upon making a ruling pronouncing a declaration of commencement of guardianship, the court shall designate a guardian agreed in the guardianship agreement and simultaneously appoint a person who shall provide consultation and assistance to draw up an inventory of property together with the designated guardian; the court shall, if there is any, appoint a property consultant agreed in the guardianship agreement who shall provide consultation and assistance to draw up an inventory of the ward’s property; however, the court may change the consultation to other proper person by its authority if there is no property consultant agreed in the guardian agreement or the property consultant does not act for the interest of the ward.Before the declaration of the preceding paragraph, if there is enough fact which indicates that the guardian does not act for the interest of the ward, or other reasons indicate that the guardian should not be the guardian, the court may order guardianship to other proper person provided in paragraph 1 of Article 1111.
中文原文 民法第1113-4條
法院為監護之宣告時,受監護宣告之人已訂有意定監護契約者,應以意定監護契約所定之受任人為監護人,同時指定會同開具財產清冊之人。
其意定監護契約已載明會同開具財產清冊之人者,法院應依契約所定者指定之,但意定監護契約未載明會同開具財產清冊之人或所載明之人顯不利本人利益者,法院得依職權指定之。
法院為前項監護之宣告時,有事實足認意定監護受任人不利於本人或有顯不適任之情事者,法院得依職權就第一千一百十一條第一項所列之人選定為監護人。

English translation for reference only; the Chinese text prevails. Not legal advice.