The client suddenly fell seriously ill and slipped into a coma, rendering the funds in their account inaccessible and bringing their medical treatment to a standstill. Recently, attorneys Cai Kangmiao and Zhang Yu represented a client in a special procedure case seeking a declaration of lack of civil capacity and the appointment of a guardian. Through their professional approach and efficient handling of the case, they completed the entire process—including case filing, judicial appraisal, and two court hearings—in just 28 days. They successfully secured a complete victory for the client, effectively resolving the challenges surrounding their medical treatment and the management of their assets.

I. Case Background:

Sudden Serious Illness Leads to Hardship; Family Faces a Dilemma

The respondents in this case, Mr. W and Ms. L, are married, and their only daughter, Ms. W1, is an adult. Not long ago, Mr. W suddenly suffered severe impaired consciousness and was rushed to the hospital for emergency treatment. His condition is currently critical, and he remains in intensive care, completely unable to express his own wishes independently. Mr. W’s ongoing intensive care requires continuous payment of substantial medical expenses; however, all assets under his name—including real estate, bank deposits, and investment products—require him to personally complete withdrawal procedures. Due to his critical condition and coma, he is unable to be present to carry out these transactions, all of his assets are currently frozen and inaccessible, directly resulting in a funding shortfall for treatment that temporarily halted his care.

Faced with her father’s critical condition, the complex demands of hospital care, and the inability to access his assets, Ms. W1—who was experiencing such a major crisis for the first time—was at a loss. At this critical moment, upon a friend’s recommendation, Ms. W1 sought out attorneys Cai Kangmiao and Zhang Yu. She immediately decided to retain them to file a petition to have Mr. W declared legally incapacitated and to appoint a legal guardian.

II. Case Breakthrough:

Precise Analysis to Break with Precedent; Multiple Measures to Accelerate Case Processing

Upon accepting the retainer, the two attorneys fully understood that this case concerned the treatment of a critically ill patient and was time-sensitive. They immediately identified the core claims and key challenges of the case, swiftly formulated a specialized case strategy, and formally submitted the case filing materials on July 16, fully initiating the judicial proceedings.

In the early stages of the case, the presiding court typically required that the determination of lack of capacity to exercise civil rights and the appointment of a guardian be filed as two separate cases and heard independently. This process would have significantly prolonged the case timeline and severely impacted the patient’s treatment progress. In response to this situation, the two attorneys proactively communicated multiple times with the case registration judge and the presiding judge, thoroughly explaining the unique circumstances of the case: the respondent was in critical condition and urgently needed funds for treatment; the disposal of assets and the handling of subsequent affairs could not be delayed; and separate proceedings would severely delay the realization of the client’s legitimate rights and interests. Armed with solid legal grounds and a detailed account of the case, the two attorneys successfully secured the court’s support to break from the conventional practice of separate proceedings, achieving a consolidated hearing for both matters and significantly streamlining the legal process.

At the same time, drawing on years of experience handling similar cases, the two attorneys accurately assessed the trial cycles and case backlogs at various grassroots courts in Beijing. They flexibly selected the court with jurisdiction, thereby avoiding the risk of trial delays at the source and laying the foundation for the case’s swift resolution.

III. Rapid Progress:

Efficient Support Throughout the Entire Process; Case Successfully Concluded in 28 Days

After the case was filed, the two attorneys continuously monitored its progress, proactively liaised with the presiding judge, and repeatedly emphasized the urgency and unique nature of the case. The judge was assigned within one week of filing. After thoroughly reviewing the case details, the presiding judge promptly scheduled the proceedings, organizing the first hearing as early as the second week following filing.

To minimize the duration of the proceedings as much as possible, the attorneys drew on their past experience to petition the court to designate a judicial appraisal agency known for its efficiency and high professional standards. The agency immediately traveled to the hospital to conduct an on-site forensic examination of Mr. W, who was critically ill and bedridden. It issued the forensic examination report and delivered it to the court in just two business days. The court organized the second hearing the day after receiving the report, efficiently completed all in-court review procedures, and ultimately issued the final civil judgment within four business days.

IV. Case Outcome

Successfully Resolving the Client’s Difficult Situation

On August 12, the court formally issued the first-instance judgment. After 28 days, the case resulted in a complete victory: 1) Mr. W was legally determined to be a person without capacity for civil conduct; 2) Ms. W1 was legally appointed as Mr. W’s legal guardian. Once this judgment takes effect, Ms. W1 will be legally authorized to handle all matters on her father’s behalf, including medical treatment, payment of medical expenses, withdrawal of assets, and management of personal affairs. This thoroughly resolves the core challenges posed by a seriously ill patient’s inability to manage their own affairs and the family’s lack of authority to act on their behalf, thereby laying a solid legal foundation for Mr. W’s subsequent treatment and livelihood security. Upon the conclusion of the case, Ms. W1 and her family expressed deep gratitude to the legal team led by attorneys Cai Kangmiao and Zhang Yu for their unwavering commitment to protecting their rights and their professional efforts in safeguarding the family’s interests.

Attorney’s Concluding Remarks

Sudden serious illnesses, unexpected comas, and other emergencies occur frequently in daily life. When a party loses their capacity for civil conduct, matters such as the disposal of personal assets, medical treatment, and the management of daily affairs can all become mired in legal deadlocks. The special procedures for determining lack of capacity for civil conduct and appointing a guardian are legal and efficient avenues for resolving such predicaments. The efficient collaboration among the legal team, the appraisal agency, and the People’s Court—forming a three-pronged approach—significantly shortened the trial period. By acting with professional speed to safeguard the client’s life, health, and property rights, this collaboration demonstrated both the value and the human touch of legal services.