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In Sai Ying Pun, Hong Kong, Guardianship law outlines the rules and regulations concerning who can make decisions on behalf of a minor or an incapacitated adult. It’s a legal concept heavily regulated under the Hong Kong law where a court orders someone other than the child’s parent to have custody and/or legal control over the child, or assigns someone to oversee an incapacitated adult's personal and financial affairs.
You may need a lawyer in situations involving determining the custody of an under-age child, especially in cases of divorce, death of parents, or unfit parents. Lawyers are also needed when an adult becomes incapable of making their own decisions due to incapacity whether due to age, disease, injury or other circumstances. A skilled lawyer can help interpret legal standards, navigate the complex court systems, protect your rights and ensure that decisions made are in the best interests of the child or incapacitated adult.
The Guardianship of Minors Ordinance (Cap 13) governs guardianship laws in Hong Kong. This stipulates that the welfare of minor is paramount in decision-making. Additionally, under the Mental Health Ordinance (Cap 136), a guardianship board can appoint someone to manage the affairs of a mentally incapacitated person. All guardians are required to act in the best interests of the person they are responsible for, and their authority is limited by the terms of the court’s guardianship order.
Generally, adults over the age of 18 and of sound mind can be appointed as guardians. It could be family members, close friends or certified professionals.
A guardian is responsible for making personal, medical and financial decisions on behalf of the person they are safeguarding. Such decisions should always be in the best interests of the individual.
A Guardian can be appointed by a court based on a formal application. The court then reviews the case and if it deems it necessary, a Guardian will be appointed.
Yes, Guardianship can be revoked by the court if it finds sufficient grounds such as abuse, neglect or misappropriation of resources.
While not always required, an experienced lawyer can be very helpful in navigating the complex legal proceedings and ensuring the best possible outcome.
The Hong Kong Judiciary website provides comprehensive information on family matters, including guardianship issues. Moreover, the Legal Aid Department offers eligible individuals with free legal advice and representation.
If you are considering seeking legal assistance regarding Guardianship, it is advisable to first explore the resources available, then consult with an experienced family lawyer. Be prepared with all necessary documents and specific concerns to maximize the consultation.
