Guardianship 監護

What is guardianship?

The Guardianship Board has the power to appoint a guardian to take care of adults over the age of 18 who are mentally incapable of making their own decisions about their personal affairs, financial matters, or medical or dental treatment.

A Guardianship Order confers on the guardian the power to hold, receive or pay a specified monthly sum (currently maximum at HK$15,000) on behalf of the mentally incapacitated person for the maintenance or other benefit of him/her. A Guardianship Order given in respect of a mentally incapacitated person for the first time will have effect for up to 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.

Am I (as parent) guardian of my dependent?

As parent, you are the guardian of your dependent children only until they reach the age of 18. When your dependent with intellectual disability reaches 18, and when the occasion arises for a decision about his personal, medical and financial affairs needs to be made, you or a relative may apply to the Guardianship Board to appoint a guardian to make such decisions for him. However, the Guardianship Board will only consider applications if a need to make such decisions arises, so it is not possible for you to appoint a guardian as soon as he turns 18, in the absence of such occasions. In addition, guardian would only make decisions on behalf of persons with intellectual disability but will not assist persons with mild or moderate intellectual disability with making their own decisions.

What are the powers of the guardians?

The guardian can make decisions on where the person with intellectual disability lives and what medical treatment he receives. The guardian also has power to handle money for him/her, but the law limits the amount the guardian can handle for his/her maintenance to HK$15,000 per month. This amount is the median monthly earnings released by the Census and Statistics Department, and is adjustable according to the General Household Survey. This means that the guardianship order cannot be used to manage a flat for your dependent adult to live, or to pass your wealth to him.

什麼是監護令?

監護委員會有權為年滿18歲精神上無行為能力替自己的個人事務、財務、醫療及牙科治療事宜作決定的人士頒布監護令,即委任監護人以照顧該精神上無行為能力人士。

監護令授權監護人為供養該精神上無行為能力人士或其他利益,代該人持有、收取或支付指定的每月款項(現時的上限為港幣15,000元)。首項監護令,有效期不超過1年。至於經續期或再次續期的監護令,有效期自續期起計不超過3年。

我是我智障子女的監護人嗎?

作為父母,在智障子女年滿18歲前,你是他們的法定監護人。當他們年滿18歲時,你的監護人身份會自動結束。在有需要時,你或另一親屬可以向監護委員會申請成為他的監護人,為他的生活、醫療及財政事項作決定。但是,由於監護委員會只會在智障人士有需要作決定時才接受監護申請,所以你不能夠在智障子女剛年滿18歲的時候便預先申請做監護人。此外,監護人的職責是代表認知能力不足的當事人作決定,他沒有責任協助或輔助有輕度或中度智障的當事人自己作決定。

監護人有什麼權?

監護人可以為指定被監護的智障人士決定他的住所及醫療安排,亦有權每月為他處理不超過港幣$15,000的金錢。這個金額的上限是基於統計處所公布的每月就業收入中位數而定,受法例規定,並會定期調整。基於此金額上限,監護人不可能為當事人管理物業。 

 

Last updated: March 2016

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