Functions and powers of the Guardianship Board

Functions and powers of the Guardianship Board

The Guardianship Board has the following functions and powers (section 59K(1) of the Mental Health Ordinance (MHO)):

1. To consider and determine applications for the appointment of guardians of mentally incapacitated persons (MIPs) who have attained the age of 18 years; 
2. make guardianship orders in respect of MIPs and taking into account their individual needs, including the making of such orders in an emergency where those persons are in danger or are being, or likely to be, maltreated or exploited; 
3. review guardianship orders; 
4. give directions to guardians as to the nature and extent of guardianship orders made under section 59O appointing those guardians, including directions as to the exercise, extent and duration of any particular powers and duties of those guardians contained in such terms and conditions (if any) that those guardianship orders may be subject; 
5. perform such other functions as are imposed on it under the MHO or any other enactment.

When exercising its functions and powers, the Guardianship Board must observe and apply the following matters or principles (section 59K(2) of the MHO): 

1. the interests of the MIP. The Guardianship Board must make sure the interests of the MIP (in the subject proceedings) are promoted, including overriding the views and wishes of that person when the Guardianship Board considers such action is in the interest of that person; 

2. Notwithstanding the above, the Guardianship Board must consider the views and wishes of the MIP, insofar as they may be ascertained, and make sure they are respected.