Best Guardianship Lawyers in Kowloon

About Guardianship Law in Kowloon, Hong Kong

Guardianship law in Kowloon, Hong Kong, revolves around the legal appointment of a guardian to care for another individual, usually due to their inability to manage their own affairs. This typically applies to minors, the elderly, or those with disabilities. Guardianship can pertain to personal matters like health and welfare or to financial and property matters, or both. The Guardianship Board of Hong Kong oversees these appointments and the activities of the appointed guardians.

Why You May Need a Lawyer

Appointing or being appointed a guardian involves legal processes that you need to ensure are correctly undertaken. Disputes over guardianship, complications in managing the affairs of those under guardianship, and understanding the rights and obligations of a guardian are situations where legal help is often needed. Lawyers in this field have in-depth knowledge of the Guardianship law and experience with the various situations that may arise, guiding their clients through these processes efficiently and effectively.

Local Laws Overview

The Guardianship of Minors Ordinance (Cap.13) and the Mental Health Ordinance (Cap. 136) are key legislation related to guardianship in Kowloon, Hong Kong. Under these ordinances, parents are the natural guardians of their minor children. In their absence or incapacity, the court may appoint a third party as a guardian. The Guardianship Board can appoint a guardian for any mentally incapacitated person aged 18 or over, either for personal welfare or property and financial affairs or both. It's essential to be familiar with these laws or to engage a lawyer who understands them fully.

Frequently Asked Questions

Who can apply for guardianship?

Any person over the age of 18, including a family member, public officer, or any other person, can apply for guardianship if they believe it's in the best interests of the person who needs a guardian.

What is the role of a guardian?

A guardian is responsible for making decisions about the care provisions and management of the property and finances of the person under their guardianship.

Can a guardianship appointment be challenged?

Yes, a guardianship appointment can be challenged. If someone believes the guardian is not acting in the best interest of the ward or that there is a better alternative, they can apply to the Guardianship Board or the courts.

What happens if someone dies without a will?

If a person dies without a will, their property will be distributed according to the Intestates' Estates Ordinance. The guardian of any minor children may have to apply to the court for an order dealing with the guardianship of the property of the children.

How long does the guardianship appointment last?

A guardianship appointment lasts until the ward dies or recovers, the ward turns 18 (for minors), or the court determines that guardianship is no longer necessary.

Additional Resources

The Social Welfare Department and the Legal Aid Department in Hong Kong can provide help and information related to Guardianship cases. The Hong Kong e-Legislation website is a good resource for reading the full text of laws related to guardianship.

Next Steps

If you believe you need legal guidance in a guardianship case, gather all relevant documents and seek a consultation with a lawyer in the field. They'll guide you on the best course of action based on your particular circumstances. If you cannot afford a private lawyer, look into free or low-cost legal services offered by local agencies or NGOs.