A relative cannot simply declare an adult unable to manage their affairs; use the legal capacity process
Formal recognition of an adult as lacking or having limited civil capacity is a court matter. Family, employers, or community committees cannot impose it simply by assertion. An interested person or authorized organization can apply. If the person's ability improves, they or others can request restoration of capacity. The process is a protection as well as a potential restriction.
What it takes
The source estimates court fees of tens to about RMB 100 in China, with separate assessments often costing thousands, initially advanced by the applicant. Proceedings can take months.
What you may gain
Civil Code Article 21 defines adults unable to recognize their own conduct as lacking civil capacity, with legal representatives acting for them. Article 22 defines those unable fully to recognize their conduct as having limited capacity: representatives act or consent to or ratify acts, but the person may independently perform acts solely beneficial to them or appropriate to their intellectual and mental condition. Article 24 permits an interested person or relevant organization to ask a court for a declaration. The person, an interested party, or an organization may later seek recognition of restored limited or full capacity according to recovery. Relevant organizations include residents' and villagers' committees, schools, medical institutions, women's federations, disabled persons' federations, legally established elder organizations, and civil affairs departments. Article 23 makes the guardian the legal representative for a person lacking or having limited capacity. The Civil Code took effect January 1, 2021, in China.
Context & considerations
Applications use the court's special procedure, generally faster than ordinary civil litigation but potentially still taking months. Medical evidence is needed, and the court may commission an assessment with fees advanced by the applicant. Acting or disposing of property without a valid basis of authority can be challenged; a property sale may need reversal. Limited capacity does not mean no autonomy: appropriate acts and solely beneficial acts can still be performed independently. For who becomes guardian, see entry 19. Physical disability alone does not establish lack of civil capacity.
Research & references
Civil Code of the People's Republic of China, Articles 21–24. https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf