GUARDIANSHIP BOARD DECISIONS
YEAR 2023
| Date of Decisions | Case Summary | |
| 1. | Review (6/1/2023) |
Subject was a woman aged 74 with Alzheimer’s disease. Her husband had a very close relationship with her and took care of her single-handedly at their matrimonial home while she was waitlisted for a subvented care home, as he believed he could offer her more personal care than in a private care home. Husband was appointed as the guardian. During the review period, the Subject moved to a subvented care home after being offered a place. Husband visited her regularly and was re-appointed as guardian with authority to mobilize her savings up to HKD8,000 a month, which was sufficient to pay for expenses of the subvented care home. (Uploaded on 13/10/2023) |
| 2. | Review (9/1/2023) |
Subject was a man aged 63 who had a cerebral vascular accident. While the personal savings of the Subject was exhausted in the end of the fourth year since the original guardianship order was granted, the Subject would continue to draw on his social welfare payment through an appointee to receive it on his behalf, which could be utilized without a guardianship order to finance his ongoing living and medical expenses. Since the guardianship order was originally applied for to mobilize the Subject’s saving, it was discharged upon expiry. (Uploaded on 13/10/2023) |
| 3. | Application (10/1/2023) |
Subject was a man aged 59 with vascular dementia and had a cerebral vascular accident. A few months after the brain operation, his daughter observed that he regained the ability to engage in meaningful conversations at times and his physical and mental conditions were stable and satisfactory. Preparations to restore the Subject home from the elderly’s home, such as installing protective materials around furniture, and employment and training of domestic helper, were underway. The daughter was appointed as the guardian but was reminded that medical re-assessment would be required if there is any further improvement in the condition, and the necessity of guardianship should be reviewed on an on-going basis. (Uploaded on 13/10/2023) |
| 4. | Review (3/2/2023) |
Subject was a woman aged 95 with post-cerebral vascular accident dementia. Her personal savings was exhausted at the end of the guardianship order period and her son, the guardian, then arranged for her bank accounts to be closed. Subject was accommodated in a non-subsidized care home and waitlisted for subsidized home placement. In the meantime, her son acted as the appointee to receive Old Age Living Allowance on her behalf and financed from his own resources any shortfall in living and medical expenses. Since the guardianship order was originally applied for to mobilize the Subject’s savings, it was not renewed upon expiry. (Uploaded on 13/10/2023) |
| 5. | Application (14/4/2023) |
Subject was a woman aged 59 with vascular dementia. The application was made by her husband to terminate an insurance policy the Subject had purchased for her son in order to mobilize the cash value of the policy. The insurer first advised her husband that the policy could only be terminated by way of a guardianship order but later confirmed that it could not be done. Husband then withdrew the guardianship application. (Uploaded on 13/10/2023) |
| 6. | Application (21/4/2023) |
Subject was a man aged 65 who suffered from brain tumours. He was re-admitted to hospital shortly after a brain operation and became bed-bound and lost the ability to communicate. His wife and daughter enjoyed a very close relationship with him who was a loving husband and father in the family. Subject established a reputable retail business for over 20 years and did not separate his personal accounts from the business, which needed to be unravelled by the family, but this did not affect his guardianship. Daughter was appointed as guardian and understood the Subject’s personal savings would only be used for his living and medical expenses and not for the business. (Uploaded on 13/10/2023) |
| 7. | Application (27/4/2023) |
Subject was a man aged 71 who had a cerebral vascular accident. He was a tidy and orderly man who used to live alone, but after having a stroke, he lost his self-care abilities substantially and would need to be cared for in a care home upon discharge from the hospital. Subject had settled in a private care home while being waitlisted for a subsidized care home for the long term. His sister had a close relationship with him and applied for guardianship to allow for his personal savings to be mobilised for care home expenses. His sister was appointed as the guardian. Since the Subject was no longer living at his own home, his public housing unit was surrendered. (Uploaded on 13/10/2023) |
| 8. | Review (15/9/2023) |
Subject was a woman aged 74 who had a cerebral vascular accident. She was under guardianship since 2019 to mobilize her savings to support her maintenance, with the Director of Social Welfare as her guardian. The Subject had been staying in the infirmary since her admission in 2020 and had maintained stable health condition with no hospitalization records. No operation had been scheduled. She was well supported by her husband and sister who visited frequently. Since the Subject’s personal savings had already exhausted relying solely on welfare monies to support her expenses going forward, and with accommodation and welfare aspects settled, there was no longer the need for guardianship. The order was discharged upon expiry. (Uploaded on 8/1/2024) |
| 9. | Review (11/10/2023) |
Subject was a man aged 64 with vascular dementia. He used to live in a care home and while being waitlisted for a subvented Care and Attention home placement, was assessed as entitled to a placement at a Care and Attention home for the Aged Blind, which he soon received. Subject settled well into the new home and managed to conduct self-feeding following targeted training for the blind, and his family was pleased to see the progress. His daughter acted as the guardian, supported by his former wife. Both were very supportive and would accompany the Subject to medical appointments together. Since the daughter would pursue her career overseas, her mother was willing to take up the guardian duties in the new term and was appointed as the new guardian upon renewal of the order. (Uploaded on 8/1/2024) |
| 10. | Review (11/10/2023) |
Subject was a man aged 81 with organic brain syndrome. He was placed to a high-quality subsidised care home and was able to walk and shower relatively independently with fairly coherent speech. He also participated actively in events held at the care home. However, at the review hearing, he expressed his strong wish to be restored home as he missed his neighbours and his ex-wife came forward supporting him, so the Board adjourned the hearing for medical assessments to be conducted to assess the suitability of independent living and home restoration for the Subject. Following such assessments, the doctors opined that there was substantial risk of fall and the Subject regrettably was found to be unable to conduct independent living and financially support himself. His ex-wife did not commit further and there was also no other care support at home. The Director of Social Welfare was re-appointed as guardian and was asked by the Board to facilitate occasional visit by the Subject to his old neighbourhood to meet old friends and to engage more fully at the care home to help him settle down there. (Uploaded on 8/1/2024) |
| 11. | Review (27/10/2023) |
Subject was a man aged 63 who had a cerebral vascular accident. His brother acted as the guardian and received welfare monies on the Subject’s behalf as the appointee. The guardian had originally received the welfare monies in the guardian account but upon the guidance of the case social worker, had set up a separate bank account for the purposes of receiving welfare monies only, to be kept separate from the savings in the guardian account going forward. The Subject was currently living in the infirmary and a monthly limit of HKD6,000 was granted for mobilization which was sufficient for the monthly expenses incurred. (Uploaded on 8/1/2024) |
| 12. | Application (3/11/2023) |
Subject was a man aged 78 with vascular dementia. He was a divorcee and his daughter, who lived in Taiwan, came to visit him regularly to take care of him especially after his fall in late 2022. He used to live alone in a private flat and had recently moved to a care home. His daughter originally proposed herself as the private guardian to manage her father’s welfare and financial needs, however, due to her work and family commitment overseas, she came to understand that without residing in Hong Kong, it would be difficult for her to fulfil the duties of a guardian. She eventually agreed for the Director of Social Welfare, a public guardian, to be appointed, while she continued to visit Hong Kong as much as practicable to see her father. It was open to her to engage care workers to visit the Subject regularly to provide adequate stimulation to the Subject in the absence of frequent visits from family members who lived locally. (Uploaded on 8/1/2024) |
| 13. | Application (14/12/2023) |
Subject was a man aged 50 who had a cerebral vascular accident. He was also once diagnosed of schizophrenia but his condition has been stable for a long period of time. He had a fall in 2023 and was hospitalised for a month before settling in a care home where he is well taken care of and has seen major improvements. The Board is encouraged to see that he is self-motivated and is able to do gentle exercises regularly in parks, walking there with stick, strengthening his muscles. His wife is appointed as the guardian to mobilize the savings to pay for care home expenses. (Uploaded on 8/1/2024) |
