Emergency guardianship orders

Emergency guardianship orders 

An emergency guardianship order can be made (Mental Health Ordinance, section 59Q) if the Guardianship Board has reason to belief that:

1. The mentally incapacitated person (MIP) is in danger or is being, or likely to be, maltreated or exploited;
2. The MIP is incapable of making reasonable decisions in respect of all or a substantial proportion of the matters which relate to that person’s personal circumstances, by reason of their mental incapacity; and 
3. It is necessary to make immediate provision to protect that person. 

For an application for an Emergency Guardianship Order (Form 4), the applicant must have already filed or must simultaneously file an application for a normal Guardianship Order. Upon receiving the application, the Guardianship Board will organize an emergency hearing as soon as possible after gathering sufficient information. The term of an Emergency Guardianship Order will not exceed three months. (See: Mental Health Ordinance, section 59R).