About Guardianship Law in Sai Ying Pun, Hong Kong
In Sai Ying Pun, Hong Kong, Guardianship law outlines the rules and regulations concerning who can make decisions on behalf of a minor or an incapacitated adult. It’s a legal concept heavily regulated under the Hong Kong law where a court orders someone other than the child’s parent to have custody and/or legal control over the child, or assigns someone to oversee an incapacitated adult's personal and financial affairs.
Why You May Need a Lawyer
You may need a lawyer in situations involving determining the custody of an under-age child, especially in cases of divorce, death of parents, or unfit parents. Lawyers are also needed when an adult becomes incapable of making their own decisions due to incapacity whether due to age, disease, injury or other circumstances. A skilled lawyer can help interpret legal standards, navigate the complex court systems, protect your rights and ensure that decisions made are in the best interests of the child or incapacitated adult.
Local Laws Overview
The Guardianship of Minors Ordinance (Cap 13) governs guardianship laws in Hong Kong. This stipulates that the welfare of minor is paramount in decision-making. Additionally, under the Mental Health Ordinance (Cap 136), a guardianship board can appoint someone to manage the affairs of a mentally incapacitated person. All guardians are required to act in the best interests of the person they are responsible for, and their authority is limited by the terms of the court’s guardianship order.
Frequently Asked Questions
Who can be a Guardian?
Generally, adults over the age of 18 and of sound mind can be appointed as guardians. It could be family members, close friends or certified professionals.
What are the duties and responsibilities of a Guardian?
A guardian is responsible for making personal, medical and financial decisions on behalf of the person they are safeguarding. Such decisions should always be in the best interests of the individual.
How is a Guardian appointed?
A Guardian can be appointed by a court based on a formal application. The court then reviews the case and if it deems it necessary, a Guardian will be appointed.
Can Guardianship be revoked?
Yes, Guardianship can be revoked by the court if it finds sufficient grounds such as abuse, neglect or misappropriation of resources.
Is a lawyer required for Guardianship proceedings?
While not always required, an experienced lawyer can be very helpful in navigating the complex legal proceedings and ensuring the best possible outcome.
Additional Resources
The Hong Kong Judiciary website provides comprehensive information on family matters, including guardianship issues. Moreover, the Legal Aid Department offers eligible individuals with free legal advice and representation.
Next Steps
If you are considering seeking legal assistance regarding Guardianship, it is advisable to first explore the resources available, then consult with an experienced family lawyer. Be prepared with all necessary documents and specific concerns to maximize the consultation.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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