Grandfather Wins Custody of Orphaned Granddaughters, but Future Remains Uncertain

An 81-year-old Shanghai man has secured legal guardianship for his two "orphaned" granddaughters, but his age, poor health, and financial strain have raised concerns about who will care for the children in the future.

The two girls, both minors with foreign passports, were born in the United States and raised by Wang in Shanghai. After their mother's death, their passports needed renewal, which required a legal guardian. The identity of their father is unknown.

A court in Xuhui District granted Wang custody in September 2025 after the death of his only daughter from cancer, which left the two girls without a legal guardian.

"I don't know how long I can hold on at my age," Wang said. "But as long as it's satisfactory for the children, I will do my best."

The case exposes gaps in China's guardianship rules as traditional family structures change. It follows public debate over Jiang Ting, a 46-year-old single woman who died alone late last year without a designated guardian, leaving authorities struggling to manage her medical and legal affairs.
The case also shows a disconnect between laws and public understanding of the system, legal experts said.

"Many people are still not familiar with how guardianship is established under the Civil Code," said Shanghai Academy of Social Sciences civil and commercial law division head Meng Xiangpei. "Grandparents can apply through community-level authorities, not just courts."

With support from prosecutors, Wang filed a court application. Judges approved it within five days, but legal officials said the ruling addressed only the immediate need.

"If Wang does not make further arrangements, the guardian position will be vacant after he passes away," said Zhu Liming, deputy chief prosecutor in Xuhui.

Wang's situation is precarious. He depends on a monthly pension of approximately 10,000 yuan (US$1,400), with 6,800 yuan allocated for rent and around 80,000 yuan needed each semester for school fees.

He sold his only apartment to repay debts from his daughter's failed business, while his health and eyesight have worsened since the deaths of his daughter and wife.

The main challenge, however, is finding a backup guardian.

Under China's Civil Code, only parents can appoint a successor guardian through a will. That leaves people like Wang with limited legal options.

Wang considered sending the girls to relatives abroad, but the relatives only offered foster care.

"A foster arrangement does not transfer legal guardianship," said Xu Kai, an international law expert. "It could raise legal risks in other countries if procedures are unclear."

Officials and experts said one option is to entrust guardianship to professional child protection organizations, with oversight from civil affairs authorities.
Meng said the law has a backup plan if no guardian is found.

"Civil affairs departments and community-level organizations are required to step in as guardians as a last resort," he said. "This ensures that children's basic living conditions and education are protected."

Wang is unsure about his own future. He considered moving to a nursing home, but such facilities require residents to have a legal guardian to make medical decisions.

Shanghai introduced trial guidelines on January 1, 2026, to promote "intended guardianship." The system allows adults to designate a trusted person in advance to act on their behalf if they lose decision-making capacity.

Local prosecutors have visited Wang several times to explain these options and help him make future plans. He is now trying to identify a relative he can trust to take over responsibility.

Authorities said they will keep following the case as he searches for a way to secure their future.

What This Case Reveals about China's Guardianship System

(Exclusive interview with Meng Xiangpei, head of the civil and commercial law division at the Shanghai Academy of Social Sciences)

Q: What are the key legal issues that this case highlights?

Many people are still unfamiliar with how guardianship is established under China's Civil Code. When parents have died or cannot act, grandparents are among the first in line and can apply through neighborhood committees or civil affairs authorities. Court procedures are not always required.

The case also emphasizes the necessity of advance planning. Without a legal or designated guardian, urgent matters, such as medical decisions, property management, and nursing home admission, can become difficult.

It also underscores the role of grassroots and government institutions. When no guardian is in place, neighborhood committees or civil affairs departments can act temporarily and must take over if no qualified guardian is available.

If Wang fails to arrange a successor, the authorities will step in to protect the children's basic welfare.

At a broader level, the case reflects demographic shifts. As the population ages and families become smaller, situations where the elderly lack support and children lack care are becoming more common.

Q: What options are available to ensure long-term care for the children?

Several options exist under current law. A guardian can be chosen from relatives, friends or qualified organizations, with approval from neighborhood committees or civil affairs authorities.

This allows families to look beyond close relatives and consider trusted individuals or professional institutions, including child protection and social service organizations.

If no suitable guardian is found, civil affairs departments and neighborhood committees must act as guardians as last resort.

Q: Can the "intended guardianship" system help in this case?

The system applies only to adults and cannot directly appoint guardians for minors, but it can still help indirectly.

In this case, Wang can designate a trusted person in advance to manage his affairs. If Wang later loses capacity, that person can handle Wang's finances and daily matters, helping ensure continued support for the children.

Going forward, stronger involvement from civil affairs authorities and the development of professional guardianship organizations will be key when family-based care is unavailable.

Q: Was Wang required to repay his daughter's debts?

Not necessarily. Under the Civil Code, debts are repaid only up to the value of inherited assets.

If inheritance is refused, repayment is generally not required. Selling his only home may have created unnecessary financial pressure and affected his ability to care for the children.