Who can be appointed as guardians?

Who can be appointed as guardians?

The applicant for guardianship does not have to be and will not necessarily be the guardian. To be appointed as a guardian, the Guardianship Board must be satisfied of the following criteria (section 59S of the Mental Health Ordinance): 

1. the proposed guardian has attained the age of 18 years; 
2. the proposed guardian is willing and able to act as a guardian; 
3. the proposed guardian is capable of taking care of the mentally incapacitated person; 
4. the personality of the proposed guardian is generally compatible with the mentally incapacitated person; 
5. there is no undue conflict of interest, especially of a financial nature, between the proposed guardian and the mentally incapacitated person; 
6. the interests of the mentally incapacitated person will be promoted by the proposed guardian, including overriding the views and wishes of that person where the proposed guardian (once appointed) considers such action is in the interests of that person; 
7. despite paragraph (f), the views and wishes of the mentally incapacitated person are, in so far as they may be ascertained, respected; 
8. the proposed guardian has consented in writing to the appointment as a guardian.

If there are no appropriate candidates to be appointed as the guardian, the Guardianship Board can appoint the Director of Social Welfare as the guardian of the mentally incapacitated person.