《中华人民共和国民法典》面对老龄化社会中养老供给与老年人监护的需求，继《老年人权益保护法》和《民法总则》后在第三十三条对意定监护制度作出了创新性的规定，强调尊重完全行为能力人对日后监护事宜的真实意愿，允许其预先做出行为能力欠缺后的人身与财产安排。目前该制度在实践中主要适用于老年人群体。但是越来越多的中年人基于自身的利益考量，考虑运用意定监护制度事先对一些与自身人身与财产相关的事宜作出安排，还有部分群体通过订立意定监护协议构建相应的法律上的身份以实现其对于财产处分、做出医疗决定甚至安排身后事务的目标。

制度适用范围日益扩大的同时，法律风险也挑战着制度效能的实现。目前有关意定监护的法律规范仍局限于原则性的规定，对于意定监护设立与生效的要件与程序、监护协议内容的规范即意定监护人职责范围的确定、被监护人行为能力的认定、监护职责具体实施的细则与监督、意定监护与法定监护的协调以及由此可能产生的意定监护的解除等与被监护人利益以及意定监护实施成效息息相关的事项上仍有很多不甚完善之处。监护监督和问责机制的缺位使得被监护人的权利救济无法得到及时的实现。为了使制度可以更好的服务于“最大限度保护被监护人利益”和“尊重被监护人意志”原则的实现，实践中应从完善意定监护的实施规范、构建常态化的监督与问责机制、培育和支持专业化的社会组织出发，使监护人履行监护职责有法可依，且始终受到多元主体监督问责的约束。意定监护制度功能的发挥需要多元主体的共同参与，要使得民众对于制度的适用更加熟悉和了解，加强对社会养老机构的资质审查与监督，防范风险隐患的发生。

The Civil Code of the People's Republic of China, in response to the demand for elderly care supply and elderly guardianship in an aging society, has made innovative provisions on the voluntary guardianship system in Article 33, following the Law on the Protection of the Rights and Interests of the Elderly and the General Principles of the Civil Law. It emphasizes respecting the true will of fully capable individuals for future guardianship matters and allowing them to make personal and property arrangements in advance after their lack of capacity. At present, this system is mainly applicable to the elderly population in practice. However, an increasing number of middle-aged people, based on their own interests, are considering using a voluntary guardianship system to make arrangements in advance for matters related to their personal and property. Some groups also establish corresponding legal identities by entering into voluntary guardianship agreements to achieve their goals of disposing of property, making medical decisions, and even arranging affairs after death.

As the scope of application of the system continues to expand, legal risks also challenge the realization of institutional effectiveness. At present, the legal norms related to voluntary guardianship are still limited to principled provisions, such as the requirements and procedures for the establishment and effectiveness of voluntary guardianship, the standardization of the content of guardianship agreements, including the determination of the scope of duties of voluntary guardianship, the determination of the capacity of the ward to act, and the detailed rules and supervision for the specific implementation of guardianship duties There are still many imperfections in the coordination between voluntary guardianship and legal guardianship, as well as the possible termination of voluntary guardianship, which is closely related to the interests of the ward and the effectiveness of voluntary guardianship implementation. The absence of guardianship supervision and accountability mechanisms makes it difficult to timely realize the rights and remedies of the ward. In order to better serve the principles of "maximizing the protection of the interests of the ward" and "respecting the will of the ward", in practice, it is necessary to improve the implementation standards of voluntary guardianship, establish a normalized supervision and accountability mechanism, cultivate and support professional social organizations, so that guardians can fulfill their guardianship duties in accordance with the law and always be bound by the supervision and accountability of multiple subjects. The functioning of the voluntary guardianship system requires the joint participation of multiple subjects, making the public more familiar and familiar with the application of the system, strengthening the qualification review and supervision of social elderly care institutions, and preventing the occurrence of risks and hidden dangers.