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FREQUENTLY ASKED QUESTIONS

Part IV - Guardian

  1. What are the criteria for assessment of the suitability of a proposed guardian?
    The criteria for the suitability of a proposed guardian, whether a relative or professional, (but not the Director of Social Welfare) are: -
    • He/She is 18 years old or over.
    • He/She has consented in writing to act;
    • A proposed guardian is capable of taking care of the person concerned;
    • He/She is willing and able to act as guardian;
    • His/Her personality is compatible with the person concerned;
    • There is no undue conflict of interest, especially of a financial nature;
    • He/She will promote the interests of the person concerned, including overriding his views and wishes where it is in his interests to do so;
    • He/She will ascertain and respect the views and wishes of the person concerned;
       
  2. Can more than one guardian be appointed?
    No.

Non governmental organization (NGO) as guardian

  1. Can a NGO be appointed as a guardian?
    Since the criteria for the suitability of the guardian refer to personal qualities, an NGO could not be appointed as a guardian.

Director of Social Welfare

  1. Will the Director of Social Welfare automatically act as guardian of the person concerned who is not under proper care of his family?
    If a relative is not taking proper care of the person concerned, or if there is family conflict over the best interests of the person concerned, it may be more appropriate to appoint the Director of Social Welfare as guardian.

Guardian and appointee/committee

  1. Will the appointee or committee be automatically appointed as guardian?
    No. There is nothing automatic about the appointment of any person or the Director of Social Welfare as guardian. A guardian will only be chosen if he is suitable according to the criteria set out in the Mental Health Ordinance. A person who is suitable for financial management may or may not be suitable for making substitute decisions on personal care issues for the person concerned.

Guardian's Powers

  1. Will all six powers be granted in every case?
    Not necessarily. Only the powers that are necessary, taking into account the specific incapacity and needs of the mentally incapacitated person, will be granted.
     
  2. Can the Guardianship Board impose conditions on the exercise of the guardian's powers?
    Yes, the Guardianship Board may impose terms and conditions in the order, including terms and conditions on the exercise, extent and duration of any powers or duties of the guardian. For example, the guardian may be given the power to determine the residence but subject to a condition that the mentally incapacitated adults be placed in a licensed Care & Attention Home.