In China 88-year-old’s US$465,000 property gift nullified by Shanghai court after family reveals Alzheimer’s diagnosis

The man had decided to give his property to a fruit stall owner who had become his de facto legal guardian

But the elderly man’s family claimed an Alzheimer’s diagnosis meant he was incapable of handling his own affairs

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Ma Lin is an 88-year-old man who tried to give his property to a fruit stall owner who had become his de facto guardian. Photo: Handout

Published: 6:13pm, 21 May 2021Updated: 11:50pm, 23 May 2021

A Chinese old man’s selfless gift hits a snag when a Shanghai court ruled in early May that the 88-year-old did not have the mental capacity to give his property to a fruit stall owner who had cared for him.

The elderly man, named Ma Lin, had decided that the middle-aged fruit stall owner, identified only by his surname You, deserved the generous gift as he had taken care of Ma after his wife and son died several years ago, according to mainland media reports. The property was valued at around 3 million yuan (US$465,000).

The fruit stall had also been one of Ma’s favourite hang-out spots in his old age.

Voluntary guardianship allows for elderly people in China to choose the person in charge of their legal affairs. Photo: AFP

However, after news of the property gift was published in local media reports, Ma’s family decided to challenge the legal validity of the property transfer, citing a previous medical diagnosis that said Ma had shown symptoms of Alzheimer’s disease.

The case has sparked a conversation in China about the role of voluntary guardianship, or the ability for an elderly person to decide who is responsible for managing their affairs and who should receive the inheritance.