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GUARDIANSHIP BOARD DECISIONS

YEAR 2016

  Reference no. Headnote
1. GB/P/1/16 (E) (16/11/2015) Family conflict and financial abuse – dispute between children on subject’s care planning and finance – son transferred over $3 millions from subject’s account to his sole name account and joint accounts with subject – daughter (the applicant) also taken away $90,000 from subject’s account – Board added the son as party to the processing – appointed Director of Social Welfare as guardian (uploaded on 16/1/2017)
 
2.

GB/P/2/16 (E) (20/11/2015)

 Financial abuse case – subject suffers from ischaemic stroke since April 2012 – a retired civil servant – receiving $28,000 as monthly pension – got married with the Party Added in October 2012 – Since August 2013, the subject executed 3 mortgages (over $10 million) with bank and two financial institutions – the Party Added stated that all monies have been spent – total monthly instalment repayable is over $100,000 – over $8 millions abused - the Board appointed Director of Social Welfare as guardian (uploaded on 16/1/2017)
 
3. GB/P/3/16 (C) (17/9/2014) Subject demented – 91 years old man – applicant was the daughter of 1st wife – Party Added was so-called 2nd wife of subject (showed a Mainland marriage certificate, registration in 2004) – since 2012, Party Added took subject away from old age home or hospitals by force with a knife – under charge by police – at hearing, Party Added represented by a barrister – finally the Board appointed Director of Social Welfare as guardian – At review hearing, the guardian reported subject could not be traced – moved out of Hong Kong by Party Added – Party Added appealed to High Court - the Board decided to adjourn sine die and giving Directions (uploaded on 16/1/2017)
 
4. GB/P/4/16 (E) (11/10/2016) Review case – the wife was appointed as guardian for a year – case social worker chose to file an interim report to the Board – reported guardian’s failure of all major duties - no proper account keeping – no receipts produced - use subject’s money (around $38,000) on her own - the Board changed to appoint Director of Social Welfare as guardian (uploaded on 16/1/2017)
 
5. GB/P/5/16 (E) (27/1/2016) Subject, a 88 years old woman, Alzheimer’s disease – already in an old age home – step-son filed guardianship application – wished to receive the subject home for caring in future – daughter of subject objected – willing continue to pay for expenses of subject in future – not find any deficiency of provision of service by the old age home – no particular need cannot be satisfied without a Guardianship Order – application dismissed by the Board (uploaded on 16/1/2017)
 
6. GB/P/6/16 (E) (21/1/2016) Family conflict case - 92-year-old woman with Alzheimer’s disease – cleavages of children over subject’s accommodation, treatment and savings – taking financial advantages of subject – no dispute on granting Guardianship Order – but argue on whom should be appointed as legal guardian – the Board decided to appoint Director of Social Welfare as private guardian in such circumstances unlikely get support from other side (uploaded on 16/1/2017)
 
7. GB/P/7/16 (C) (16/8/2016) 53-year-old man suffering from schizophrenia since 1982 – wife filed application for arranging accommodation for subject – within one month, she applied withdrawal as subject’s extended family disagreed – another (2nd) application was filed by medical social worker – disputed future accommodation – extended family planned to put subject under care of elderly parents at home – medical team disagreed – the Board granted the Order to Director of Social Welfare (uploaded on 16/1/2017)
 
8. GB/P/8/16 (E) (13/4/2016) Family conflict over caring and medical issues of subject – subject is a 98-year-old woman suffered from CVA – applicant is her granddaughter - Party Added is subject’s daughter (i.e. mother of applicant) – unreasonable behavior by Party Added – statutory criteria on suitability of guardian – the Board decided to appoint Director of Social Welfare as legal guardian (uploaded on 16/1/2017)
 
9. GB/P/9/16 (C) (11/4/2016) 21 years old lady – brain injured since age of 6 – grandmother is the main carer for 11 years at Mainland China – Parents sent the subject for institutional care since 2014 – grandmother not satisfied with the accommodation plan – she filed the guardianship application – both parties disagreed to appoint Director of Social Welfare as legal guardian – Guardianship Order granted (uploaded on 16/1/2017)
 
10. GB/P/10/16 (E) (6/9/2016) 78-year-old woman with mixed-type dementia – daughter applied for guardianship order for using subject’s savings for future maintenance – unclear and unco-operation on disclosure of existence of accounts and details of prior withdrawals – witness summons issued to banks – disappearance of $550,000 – the Board recommended the guardian report to police if the applicant chose not to deposit back the sum into subject’s bank account (uploaded on 16/1/2017)
 

 

Remarks:

  1. (E) Reasons for Order in English
  2. (C) Reasons for Order in Traditional Chinese