Who can apply for guardianship?

Who can apply for guardianship?

Guardianship can be applied for by the following persons (Mental Health Ordinance section 59N(1)):

1. A relative of the mentally incapacitated person;
2. A social worker; 
3. A registered medical practitioner; or 
4. A public officer in the Social Welfare Department. 

In addition, the law requires that the applicant must have personally seen the person concerned within 14 days prior to the application.

"Relative" of the mentally incapacitated person is defined in the Mental Health Ordinance section 2 as any of the following persons, provided that they are over 18 years of age: 

1. spouse or reputed spouse; 
2. child or child’s spouse; 
3. parent or parent-in-law; 
4. sibling or sibling’s spouse; 
5. grandparent or grandparent-in-law; 
6. grandchild or grandchild’s spouse; 
7. uncle or aunt; 
8. nephew or niece or spouse of nephew or niece; 
9. cousin or cousin’s spouse; 

10. any person with whom the mentally incapacitated person resides or has resided