Taking care of a mentally incapacitated person: Guardianship or Committee

The Guardianship Order

  1. Once the Guardianship Board confirms that the person concerned is mentally incapacitated, it may give a Guardianship Order appointing a guardian and conferring on the guardian the following powers:

    1. to require the mentally incapacitated person to reside at a place specified by the guardian;
    2. to convey, or to arrange the conveyance of, the mentally incapacitated person to the place specified by the guardian, using reasonable force, if necessary, to do so;
    3. to require the mentally incapacitated person to attend, at places and times specified by the guardian, medical or dental treatment, special treatment, occupation, education or training;
    4. to consent to medical or dental treatment on behalf of the mentally incapacitated person, but only if the mentally incapacitated person is incapable of understanding the general nature and effect of the treatment;
    5. to require access to the mentally incapacitated person to be given, at any place where the mentally incapacitated person is residing, to any registered medical practitioner, approved social worker, or other person specified in the order; and
    6. to hold, receive or pay a specified monthly sum (currently maximum at HK$12,000) on behalf of the mentally incapacitated person for the maintenance or other benefit of him/her.

  2. A Guardianship Order given in respect of a mentally incapacitated person for the first time will have effect for one year. A Guardianship Order which is renewed or further renewed has effect for a period not exceeding three years from the date of the renewed order.