Disabled people with physical defects are not people with limited abilities, because even if they have physical defects, they will not affect their normal thinking consciousness unless they are 10~ 18 years old or suffer from intermittent mental illness.
In China, civil capacity is divided, including people without civil capacity, people with limited civil capacity and people with full civil capacity. Different categories include different people. People with limited capacity for civil liability mainly refer to minors who have reached the age of 10 but have not reached the age of 18 or mental patients who can't fully recognize their own behavior. At this time, people with limited capacity for civil conduct can only engage in civil activities within a certain range, and usually guardians bear corresponding legal responsibilities for their actions.
The fourth-grade intellectual disability belongs to a person with limited capacity, and the fourth-grade intellectual disability needs to appoint a guardian. Persons with mental and intellectual disabilities, persons without full capacity for civil conduct or persons without full capacity for civil conduct need guardians. Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities are represented by their legal representatives or agreed by their legal representatives.
Intelligence level 4 belongs to mental disability and serious mental retardation. Generally speaking, the adaptive behavior is poor, the living ability is difficult to take care of themselves, and others still need to take care of them.
Persons with Grade IV intellectual disability, mental intellectual disability, or without full capacity for civil conduct need guardians. When appointing guardians, the people's court may take the provisions of the Civil Code on grandparents, grandparents, brothers and sisters, other close relatives, friends or spouses, parents, adult children, other close relatives and friends as the order of appointing guardians. If the person with pre-order guardianship qualification has no guardianship ability or is obviously unfavorable to the ward, the people's court may choose the best person with post-order guardianship qualification according to the principle of benefiting the ward. If the ward has the ability to identify, it shall solicit the opinions of the ward as appropriate. The guardian can be one person or several people in the same order. If the appointed person refuses to accept the appointment and brings a lawsuit, the people's court shall make a judgment to maintain or revoke the appointed guardian in accordance with the above provisions. If the original designation is revoked by judgment, a guardian may be appointed separately at the same time. Such cases shall be tried with reference to the special procedures stipulated in the Civil Procedure Law. Before the people's court makes a judgment, in the order of appointing guardians, the guardianship responsibility is generally borne by the person with guardianship qualification. Where a guardian is determined by agreement between persons with guardianship qualifications, the guardian determined by the agreement shall bear the guardianship responsibility for the ward. If there is any dispute about whether to be a guardian, it shall be designated by the relevant organization in accordance with the following provisions of the Civil Code. The people's court will not accept the case if it is not designated to bring a suit in a people's court: if there is no such guardian, the unit where the minor's parents belong or the residents' committee, villagers' committee or civil affairs department of the minor's domicile will act as the guardian. If there is any dispute about being a guardian, it shall be designated by the residents' committee or villagers' committee of the unit where the mental patient belongs or the place where his near relatives live. If a lawsuit is filed against the designation, it shall be ruled by the people's court. If the organization concerned appoints a guardian according to the provisions of the Civil Law and notifies the designated person in writing or orally, the appointment shall be deemed to be established. If the designated person refuses to accept it, he shall bring a suit in a people's court within 30 days from the day after receiving the notice. Fails to prosecute, according to the change of guardianship. After the guardian is appointed, it shall not be changed by itself. If it is changed without authorization, the original designated guardian and the changed guardian shall bear the guardianship responsibility.
Legal basis:
Article 23 of the Civil Law of People's Republic of China (PRC) The guardian of a person without or with limited capacity for civil conduct is his legal representative.
Article 24 of the Civil Law of People's Republic of China (PRC) * * * If an adult is unable to identify or fully identify his/her own behavior, his/her interested parties or relevant organizations may apply to the people's court to identify the adult as a person with no or limited capacity for civil conduct. If a person is recognized by the people's court as a person without or with limited capacity for civil conduct, the people's court may, upon the application of himself, an interested party or a relevant organization, recognize the adult as a person with limited capacity for civil conduct or a person with full capacity for civil conduct according to his mental and psychological health recovery. The relevant organizations mentioned in this article include: residents' committees, villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, organizations for the elderly established according to law, and civil affairs departments.