Since February 1999, Hong Kong has passed the Adult Guardianship Order and Regulations, with the Guardianship Board functioning as an organisation similar to the judicial tribunal under the HKSAR that is responsible for implementing the law.  

The Guardianship Board arbitrates applications for guardianship order, decides whether it meets the legal requirements, and appoints guardians (decision-making surrogate) for patients aged 18 and over, including patients with Alzheimer's disease or stroke. The appointed guardians are allowed to make decisions on behalf of the patients concerning medical, financial and welfare (including housing, daily living and training) affairs.

The court hearing will look into whether the patient (the person concerned) is able to provide medical evidence proving his/her eligibility as 'Mentally Incapacitated Persons' (MIP) under the Mental Health Ordinance, Cap. 136 verse 2. Meanwhile, the applicant has to prove the person concerned has a level of mental disability that warrants guardianship.

On top of that, the Guardianship Board will also consider if there are other unofficial alternatives available to fulfil the specific needs of the MIP apart from guardianship, as well as whether there is unnecessary infringement on the rights of the MIP.

The Guardianship Board will act as an intermediary that utilises the Guardianship Order, in more humane and less standardised approaches, to protect and facilitate the MIP's best interest through authorisation. It is important to note that the financial right of the guardian in Hong Kong is different from that in other regions, as the guardian in Hong Kong can only use the MIP's cash to maintain his/her personal lives (excluding family support). Currently (as of the third quarter of 2011), the ceiling for the cash allowed in the hands of the guardian each month is HK$11,500.

All guardianship cases will automatically be reviewed before the consummation of guardianship. Up until now, the Guardianship Board has processed about 600 cases each year, and most of Hong Kong's medical sectors, family services, rehabilitation services and medical social workers understand the application procedures of the Guardianship Order.

Hong Kong is a pioneer in guardianship in Asia. In cases involving complicated financial management, the relatives or the guardian will need to apply for the 'Committee of Estate' order. For further enquiry, please visit the official website of the Guardianship Board www.adultguardianship.org.hk。

Special Thanks: Hong Kong Guardianship Board