GUARDIANSHIP BOARD DECISIONS
YEAR 2024
| Date of Decisions | Case Summary | |
| 1. | Review (8/1/2024) |
Subject was a woman aged 67 who suffered from cerebral vascular accident. She received care in a private care home. Her nephew acted as the guardian and took good care of her. The guardian wished to keep the mobile phone for the Subject to enable her friends to reach her as he did not know them all, but would change to a cheaper phone plan. The guardian wished to maintain certain insurance policies and paid for their premiums, but cancelled those that were of no expected benefit to the Subject. The Subject's friends and cohabitant continued to be able to visit her. For welfare plan, the Subject waitlisted for a subvented care home placement. Guardian was re-appointed for a further three years as he performed well. (Uploaded on 30/9/2024) |
| 2. | Application (2/2/2024) |
Subject was a man aged 73 who suffered from mixed-type dementia. He was waitlisted for subvented care home and was currently living at the private care home in satisfactory condition. His friend previously borrowed money from him and was keen to return the loan under the current circumstances. In that regard, his friend had been diligently working with the bank to ensure deposit of the repayment at the Subject's bank account. Without family members, the Director of Social Welfare was appointed as the guardian for one year to manage the ongoing welfare and finance needs of the Subject. (Uploaded on 30/9/2024) |
| 3. | Review (6/2/2024) |
Subject was a man aged 57 and suffered from cerebral vascular disease. He lived in a private care home and had been received into guardianship in order to mobilize his bank savings for his care. As he did not have other close family members, his cousin was considered suitable and was appointed as the guardian. The guardian took good care of the finance and welfare of the Subject, and his continued appointment was also endorsed by the Subject's other family members. Subject had been making progress and worked hard to improve his mobility, which was encouraging to see. For welfare plan, the Subject was waitlisted for sheltered workshop for rehabilitation. Guardian was re-appointed for a further three years to continue to utilize the Subject's savings to pay for his daily expenses. (Uploaded on 30/9/2024) |
| 4. | Application (22/3/2024) |
Subject was a man aged 75 and suffering from Alzheimer's disease. He was a retired civil servant and was receiving pensions. His brother made the application. His wife passed away and they had no children. His siblings were also of old age and worried that they would not have the ability to manage the Subject's finance and welfare matters. Therefore, the Director of Social Welfare was appointed as his guardian for one year to manage his welfare and finance in future, supported by the Subject's family members. As the Subject had substantial savings, the Board encouraged the guardian to look for a good quality care home with high end facilities so that the Subject could enjoy the fruits of his lifelong labour and maintain his physical and mental health to the extent possible under the assistance of the guardian. (Uploaded on 30/9/2024) |
| 5. | Review (27/3/2024) |
Subject was a woman aged 61 who suffered from alcohol-induced mild neurocognitive disorder. She was received into guardianship in 2023, with her son appointed as the guardian. As improvement could since be seen in her condition, the guardian arranged for her to be re-assessed by a psychiatrist. The psychiatrist opined in the medical report that the Subject's mental disability would not limit her capacity to make decisions on medical treatment, and would only partially limit her ability to manage her finances. However, the psychiatrist believed that with the collaborative support from her son, care staff and social workers, the Subject's needs could be met in a less restrictive or intrusive means than putting her under guardianship. The guardian applied for an early review of the guardianship order and the Board decided to discharge the guardianship before the order's expiry. (Uploaded on 30/9/2024) |
| 6. | Review (18/4/2024) |
Subject was a man aged 64 who had a cerebral vascular accident. He was received into guardianship in early 2024, with his son appointed as the guardian. The son was also the Subject's appointee to receive welfare monies on his behalf. A few weeks into the appointment, it was found out that instead of using the welfare monies to settle care home fees, the guardian had taken a substantive amount for his own emergency use because of his financial difficulties. Upon discovery, the Social Welfare Department replaced him as the appointee of welfare monies and immediately applied for an early review of the guardianship order to replace the guardian. The Director of Social Welfare was appointed as the new guardian after the review hearing. This was agreed by the son, the outgoing guardian, who showed remorse in his poor problem-solving skills and made amends by repaying the care home fees in instalments as agreed with the care home. He promised to also continue with his caring role to the Subject, despite not being his father's guardian and closely liaise with the public guardian. (Uploaded on 30/9/2024) |
| 7. | Review (23/4/2024) |
Subject was a man aged 63 who had a cerebral vascular accident. He was received into guardianship in 2023, with his sister-in-law appointed as guardian. On welfare and accommodation, the Subject was settled in a private care home while a subvented placement was being waitlisted. His father was also residing in the same care home with him. On financial affairs, the guardian had been appointed by the High Court under Part Ⅱ of the Mental Health Ordinance (Cap. 136) as the Committee of the Estate. As the financial affairs of the Subject could be taken care of under Part Ⅱ, and the Subject's family, along with the care home staff, would continue to supply the care and support required, the guardianship order was no longer necessary and the Board decided to discharge the order upon its expiry. (Uploaded on 30/9/2024) |
| 8. | Application (16/5/2024) |
Subject was a woman aged 74 who had a cerebral vascular accident and suffered from vascular dementia. She moved back to Hong Kong after both her husband and child passed away while they were living abroad as a family. She developed depressive symptoms and suffered a stroke in Hong Kong. Her siblings and nieces were caring and wished to support her in every way they could. They located a private care old aged home placement for her, so that she could be admitted there once discharged from hospital. Amongst her family members, her younger sister, who had flexible work hours, nominated herself to be in charge of her care and become the guardian. Application for a subvented placement was being made for the Subject hopefully in the same care home. Her sister was appointed as guardian for one year. (Uploaded on 30/9/2024) |
| 9. | Review (21/6/2024) |
Subject was a man aged 52 who had a cerebral vascular accident. He was first received into guardianship in 2021 with his sister appointed as his guardian. Subject used to be on tube-feeding when the guardianship order was first granted. With continuous training at the infirmary, he was now able to self-feed most of the time. Further, improvements could be seen in his mental condition such that he could start to utter simple words and recognize the case social worker who visited him. During the review period, his guardian exercised the power to give medical consent for a surgery he underwent. His sister was re-appointed for a further three years to continue to mobilize his savings, estimated to sustain the Subject's living expenses for at least a further three years. (Uploaded on 30/9/2024) |
| 10. | Review (30/7/2024) |
Subject was a man aged 57 who suffered from schizophrenia and was first received into guardianship in 2008, with his elder sister appointed as guardian at each renewal of the order(s) until the present. Subject had been receiving stable care at the infirmary and his health condition was satisfactory with no hospitalization records in recent years. As the Subject had another family member with handicap who needed care, it was financially burdensome for the family. Family members shared the caring load among them, with the guardian focusing on the Subject's care. As his savings was considered sufficient to cover his cost of care at the current infirmary for at least 4 years, the order was renewed for the maximum term of 3 years with his sister continuing as the guardian. The maximum monthly amount was slightly increased to cater for the possible medical need envisaged as the Subject grew older. (Uploaded on 30/9/2024) |
| 11. | Application (23/8/2024) |
Subject was a woman aged 64 with Alzheimer's disease. She had been staying at a subvented care home for a few years. She enjoyed a good relationship with her god-son who had been visiting her and buying daily necessities for her regularly. The Subject had given the god-son her bank card to settle expenses with her prior consent. However, with the deterioration of the Subject's mental condition in recent years, her god-son refrained from withdrawing money from the Subject's bank account and instead financed the care home fee and expenses from his own pocket. The god-son tried his best to meet the financial cost of care of the Subject even though his own family burden had also increased gradually. This application was made by a medical social worker, in order to assist the Subject's to mobilize her own savings which were sufficient to pay for her expenses and relieve the god-son's financial burden. The applicant believed the god-son was considered a suitable person to act as guardian. The Board took into account his performance and his goodwill towards others in the Subject's family. The Board wished that the Subject's own family and the god-son would co-operate in future to provide adequate care for the Subject and appointed the god-son to act as the guardian so that he could continue to assist the Subject within a formal framework. (Uploaded on 30/9/2024) |
