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GUARDIANSHIP BOARD DECISIONS

YEAR 2018

  Reference No./
Date of Decisions		  
Case Summary
1. GB/P/1/18 (E) (6/2/2018) Subject was a man aged 81 with vascular dementia, who was a wealthy retired businessman. There was suspected financial abuse by his clanswoman. Subject's son applied for guardianship to protect Subject. Subject believed he was mentally capable, however his mental incapacity was in issue. There was conflicting psychiatric forensic evidence, using different assessment methods, such as DSMV, ICD-10, MoCA. Both Subject and his son engaged lawyers for the hearing. Order was granted with son appointed as guardian.
 
2.

GB/P/2/18 (E) (24/1/2018)

 Subject was a man aged 94 with vascular dementia, who suffered from chronic life-threatening illnesses. There was serious family conflict between Subject's cohabitee and Subject's son from a previous marriage. Subject's son opposed the guardianship application taken out by Subject's cohabitee to be guardian. Subject's cohabitee also commenced an action in High Court for a Part II Committee Order, which was granted to an independent professional. Order was granted with Director of Social Welfare appointed as guardian without financial power.
 
3. GB/P/3/18 (C) (19/4/2018) Subject was a woman aged 92 with mixed-type dementia. Her children divided into two groups holding different views on Subject's accommodation and quality of care. Both groups wanted their representative to be appointed the guardian. Order was eventually made with Director of Social Welfare appointed as guardian.
 
4. GB/P/4/18 (C) (23/8/2018) Subject was a woman aged 75 with cerebral vascular dementia. Physical abuse by her son was suspected. Children had dispute over Subject's future care plan and accommodation. Order was granted with Director of Social Welfare appointed as guardian.
 
5. GB/P/5/18 (E) (24/7/2018) Subject was a woman aged 90 with mixed-type dementia. There was deep-rooted conflict and serious mistrust between one of Subject's daughters and one of her sons regarding her accommodation and daily care. Subject's son removed Subject from the hospital to his home without the other siblings' knowledge, and might have abused her financially. Order was granted with Director of Social Welfare appointed as guardian.
 
6. GB/P/6/18 (E) (29/6/2018) Subject was a woman aged 97 with cerebral vascular accident and was under guardianship. Her son as the appointed guardian filed an urgent review application to cease the Order for avoiding Coroners' inquest and possible autopsy. Order was discharged on exceptional grounds.
 
7. GB/P/7/18 (E) (3/9/2018) Subject was a man aged 57 with mental handicap. Subject needed a cataract surgery to treat his right eye bleeding. Though family agreed to the surgery, doctor preferred a guardian to sign the consent form. The Board reluctantly granted Order with Subject's elder sister appointed as guardian and discussed the applicability of Part IVC of Mental Health Ordinance.
 
8. GB/P/8/18 (E) (11/10/2018) Subject was a woman aged 85 with cerebral vascular dementia and Order appointing the Director of Social Welfare as guardian had already been made. A relative applied for the Board's direction on a change of Subject's accommodation which another relative did not agree to and proposed himself as the guardian. The directions application was heard together with the review of the Order. The Board dismissed the directions application as there was no compelling reason for change of accommodation while adding the relatives as parties and renewing the Order with Director of Social Welfare continued to be appointed as guardian.
 
9. GB/P/9/18 (C) (22/5/2014) Subject was a woman aged 86 with senile dementia. Subject was cared for by her "daughter" at home but also physically abused. Emergency Guardianship Order was granted for 3 months with Director of Social Welfare appointed. As the daughter could not prove her identity, she was denied access to the subsequent guardianship hearing. The Board saw fit to rule that the hearing be conducted in private. Order was granted with Director of Social Welfare appointed as guardian.
 
10. GB/P/10/18 (E) (9/11/2018) This was a serious elder financial abuse case. Subject was a woman aged 78 with Alzheimer's disease. Originally, she lived in her own property, but her alleged friends illegally occupied it as trespassers. Social worker filed application. Order was granted with Director of Social Welfare appointed as guardian, with directions to report the case to the police for investigation. The Board also recommended the guardian to seek an urgent or interim committee order to preserve the Subject's assets.
 
11. GB/P/11/18 (E) (6/11/2018) Subject was a man aged 85 with vascular dementia. He was financially abused by his girlfriend, who escorted Subject to the bank and withdrew $790,000 from his account. At the hearing, his girlfriend was only willing to deposit $111,200 back to the account. Order was granted with Director of Social Welfare appointed as guardian. The Board directed the guardian to report the matter to the police for investigation.
 

 

Remarks:

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