Civil Code Article 1113-5

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.

Before the declaration of the commencement of guardianship, both parties may at any time withdraw from the guardianship agreement.The withdrawal of the guardianship agreement shall be made with a written notice by one party to the other; this withdrawal takes effect after the written notice notarized by the notary public. The notary public shall give a written notice to the court for the place of the domicile of the ward within seven days after the agreement notarized. To withdraw a part of the guardianship agreement is deemed to have been withdrawn as regards the whole agreement.After the declaration of the commencement of guardianship, if the ward has good causes, with the court’s permission, the ward may terminate the guardianship agreement; if the guardian has good causes, with the court’s permission, he/she may dismiss his/her duty.When the court approves the agreement termination under preceding paragraph, the court may order guardianship to other proper person provided in paragraph 1 of Article 1111.
中文原文 民法第1113-5條
法院為監護之宣告前,意定監護契約之本人或受任人得隨時撤回之。
意定監護契約之撤回,應以書面先向他方為之,並由公證人作成公證書後,始生撤回之效力。
公證人作成公證書後七日內,以書面通知本人住所地之法院。
契約經一部撤回者,視為全部撤回。
法院為監護之宣告後,本人有正當理由者,得聲請法院許可終止意定監護契約。
受任人有正當理由者,得聲請法院許可辭任其職務。
法院依前項許可終止意定監護契約時,應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.