Trial court:Dalian Xigang District People's Court

Case No:（2023) Liao 0203 Min te 4

Cause of action:Application for declaration of incapacity of a natural person

Date of Referee:17 May 2023

Dalian Xigang District People's Court

civil judgment

（2023) Liao 0203 Min te 4

Applicant: Xinxing Community Residents Committee, Bayi Road Street, Xigang District, Dalian City, with its domicile in Xinchuan Lane, Xigang District, Dalian CityNo. 12.

Legal representative: Guo························································································································The director of the neighborhood.

Respondent:Lu Mouzhen, female,Born on October 15, 1939, Han, lives in Xigang District, Dalian.

Agent: Civil Affairs Bureau of Xigang District, Dalian City, with his domicile in Xigang District, Dalian City.

Person in charge: Zhang························································································································Chau, Director of the Bureau.

Authorized Agent: Ruan Shuming, lawyer of Liaoning Tianying Law Firm.

Applicant Dalian Xigang District Bayi Road Street Xinxing Community Residents Committee Application Declaration RespondentLu MouzhenIn the case of incapacity for civil conduct, the Court applied special procedures in accordance with the law. The trial has now been concluded.

The applicant, Xinxing Community Residents Committee, Bayi Road Street, Xigang District, Dalian City, said that the respondentLu MouzhenShe is a resident of my jurisdiction. She developed cognitive impairment three years ago and was unconscious. In the past year, it has worsened and requires special care. He cannot take care of himself and now lives in a nursing home.Lu MouzhenDaughter inHe died on August 12, 1987, and his husband died on July 17, 2022. He has no other close relatives. Now he needs to handle inheritance and other matters.Lu MouzhenThe relevant matters cannot be handled now. Apply to the Court:1, the declarationLu Mouzhena person without capacity for civil conduct;2. Designate the Xinxing Community Residents Committee of Bayi Road, Xigang District, DalianLu MouzhenThe Guardian.

RespondentLu MouzhenThe agent, the Civil Affairs Bureau of Xigang District, Dalian City, stated that the applicant's statement is true, and our bureau agrees that the court declares the respondent in accordance with the law.Lu MouzhenHe is a person with no capacity for civil conduct and appoints the Resident Committee of Xinxing Community, Bayi Road, Xigang District, Dalian City as his guardian.

Upon trial: RespondentLu Mouzhen, female,Born on October 15, 1939, X nationality, living in Xigang District, Dalian City, is a resident of Xinxing Community, Bayi Road Street, Xigang District, Dalian City. According to the medical data of the respondent, on August 6, 2022, the respondent underwent craniocerebral CT scan at Dalian Hospital of Traditional Chinese Medicine. Outpatient diagnosis: Alzheimer's disease, chronic subdural hematoma, diabetes, and coronary heart disease. On April 7, 2023, Dalian Seventh Hospital Mental Illness Judicial Identification InstituteLu Mouzhento be identified,On April 25, 2023, the institute issued the "Judicial Appraisal Opinion", and the appraisal opinion was "1. Brain organic mental disorder (dementia state);2. No capacity for civil conduct".

In addition, the respondent.Lu MouzhenSpouse Sun························································································································Only inDied July 17, 2022, with one son.························································································································Ping YuDied August 12, 1987, father Lou························································································································Three YuDied on March 7, 1960, mother Xing························································································································Hua YuHe died on March 8, 1965.

The above facts are confirmed by both parties' statements and relevant documentary evidence.

The court believes that the "Judicial Appraisal Opinion" issued by the Judicial Appraisal of Mental Illness of Dalian Seventh Hospital has a legal source, objective and true content, and is related to the case. The appraisal opinion identifies the respondent.Lu MouzhenNo capacity for civil conduct. RespondentLu MouzhenWidowed, parents and daughter are dead. In order to take better care of the respondent, the Xinxing Community residents Committee of Bayi Street, Xigang District, Dalian City applied to act as its guardian, and the respondent's agent agreed. Therefore, the application of the Xinxing Community residents Committee of Bayi Street, Xigang District, Dalian City is based on facts and in line with the provisions of the law. In accordance with the provisions of Articles 28 and 32 of the the People's Republic of China Civil Code and Articles 195 and 196 of the the People's Republic of China Civil Procedure Law, the judgment is as follows:

1. Declaration RespondentLu Mouzhena person without capacity for civil conduct;

The 2. designated the applicant as the Respondent, Xinxing Community Residents Committee, Bayi Road, Xigang District, Dalian CityLu MouzhenThe Guardian.

This judgment is final.

Judge Ma Shiyan

May 17, 2003

Assistant Judge Wang JiThe next book.

Reporter Lang Yuwan