When to apply for guardianship?

When to apply for guardianship?

When it is necessary in the interests of the welfare of the mentally incapacitated person, guardianship applications can be made to the Guardianship Board.

An application for guardianship is fundamentally a legal proceeding (though it does not take place in a court room), which has the effect of appointing a guardian to look after the daily needs of a mentally incapacitated person. Therefore, if the person concerned is already receiving adequate assistance from his/her family members, friends or other service providers, an application for guardianship would not be necessary.

Common examples or reasons which justify the application for a Guardianship Order are:

1. there are conflicts within the family of the person concerned, or between his/her family and service providers, particularly when the conflicts are about his/her care, medical treatment and accommodation;
2. the person concerned objects to his/her proposed care or treatment, e.g. placement in a residential facility;
3. a doctor refuses to give non-urgent medical treatment to the person concerned unless there is a guardian consenting to such treatment; or

4. the person concerned is suffering from, or at risk of, sexual, physical, emotional, or financial abuse, neglect, self-neglect or exploitation.