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Guardianship law in Wanchai, Hong Kong pertains to the legal responsibilities of a person (the guardian) over another person who is not capable of taking care of their own affairs. This often involves minors, persons incapacitated due to old age, mental health concerns or physical disability. Hong Kong’s Guardianship Board and Family Court oversee the guardianship appointments and deal with disputes related to them.
You might need a guardian lawyer if you are considering becoming a guardian for a person who cannot take care of their own welfare. Legal assistance may be required to navigate through the complex procedures involved in filing a guardianship petition. Also, in case of disputes surrounding guardianship, such as issues around the capability of the guardian, a lawyer becomes crucial in representing your interests in a court of law.
The key local laws regulating guardianship in Wanchai, Hong Kong come under the Mental Health Ordinance. It stipulates the requirements for appointment, duties and powers of a guardian. The law emphasizes the importance of the potential ward’s best interests in any decision made on their behalf. Guardians may be given powers over the ward's financial affairs, personal welfare or both. Court approval is necessary for major decisions like selling real estate property.
Any responsible person over the age of 18 can apply to be a guardian.
The court determines whether the person in question is truly incapable of managing their own affairs and whether the proposed guardian will act in their best interest.
Yes, a guardianship order may be revoked if the ward regains the capacity to manage their own affairs or if the court believes that the guardian is not acting in the ward's best interest.
No, the role of the guardian is a voluntary one, and they do not receive payment for their duties unless specified differently by the court.
Yes, a minor can have two guardians if the court determines that it’s in their best interests.
The Guardianship Board of Hong Kong can be a useful resource for enquiries and more detailed aspects of law. Community Legal Information Centre (CLIC) provides basic legal information and contacts for relevant legal services as well.
If you need legal assistance in guardianship, the first step would be to schedule a consultation with a lawyer specializing in this area. Guardianship can be a complex process involving various legal and personal issues, so it is important to get your queries clarified early on. Understanding your rights, obligations and the full scope of the appointment is crucial.
