04.05.04.03. How is curatorship/power of attorney obtained? Is curatorship/power of attorney awarded on a temporary basis only? | Hong Kong SAR
04.05.04.03. How is curatorship/power of attorney obtained? Is curatorship/power of attorney awarded on a temporary basis only? | Hong Kong SAR
19 Aug 2022
Two legal procedures are in place pertaining to protect the property and affairs for mentally incapacitated persons and their carers. According to the Enduring Powers of Attorney Ordinance (Cap. 501), a “committee” normally be a relative, professional, or official solicitor can be appointed through the court when an older person suffering from dementia cannot manage his or her financial affairs. According to the Mental Health Ordinance (Cap. 136), an application by a relative, social worker, or medical practitioner must be made to the guardianship board to deal with the welfare and physical care for mentally incapacitated persons. The guardian has significant power over the mentally incapacitated individuals, including their residence, medical and dental treatments (Ko, 2019, March 26).
References:
Ko, B. (2019, March 26). Ageing Hong Kong needs better laws to protect the elderly and dementia sufferers. South China Morning Post. Retrieved from https://www.scmp.com/comment/letters/article/3003142/hong-kongs-population-ages-it-needs-better-laws-protect-dementia