Guardianship for Mentally Incapacitated Persons

Guardianship Order

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. The Guardianship Board has to consider if there is a less restrictive or intrusive mechanism to guardianship, and also whether there is a need for guardianship at this time.

How to Apply

A relative of the Mentally Incapacitated Persons, 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.

Enquiry

Enquiries may be directed to the Guardianship Board at 2369 1999.

Please click here to access to the Guardianship Board's website for more information on guardianship for persons who have attained 18 years or above.