The Mental Health Ordinance, Cap. 136 empowers an independent Guardianship Board to conduct hearings in order to make guardianship orders for people aged 18 and over who are mentally incapable of making their own decisions about their personal affairs, financial matters or medical/dental treatment. In the Order, it specifies the appointment of a guardian, either a private guardian (a family member or friend) or the public guardian (Director of Social Welfare) and the powers conferred. In normal situation, application for guardianship will be proceeded only where effective informal arrangements cannot be made.

A relative of the MIP, a registered social worker, a registered medical practitioner or a public officer in the Social Welfare Department can make a guardianship application to the Guardianship Board.

Application can be made in the specified forms which are available from the Guardianship Board or medical social services units / integrated family services centres of the Social Welfare Department.

Upon the receipt of an application, the Guardianship Board will arrange a date for hearing in which Board members will examine all the information and evidence collected, interview the MIP and relevant witnesses to reach a decision.