Powers and duties of guardians

Powers and duties of guardians 

A guardian appointed by the Guardianship Board has the powers to: 

1. order the mentally incapacitated person (MIP) to reside an address specified by the guardian; 
2. transport the MIP to the residential address specified by the guardian; 
3. require the MIP to attend medical appointments, or special treatment sessions for occupation, education and training; 
4. consent only to medical treatment on behalf of the MIP but only to the extent that the MIP is incapable of understanding the general nature and effect of any such treatment; 
5. allow a doctor, approved social worker, or other persons (e.g. relatives) specified in the guardianship order to see the MIP at the MIP’s address; 
6. hold, receive or pay a sum of money specified in the guardianship order on behalf of the MIP, for his/her maintenance or benefit.

A Guardianship Order given in respect of a mentally incapacitated person for the first time will have effect for 1 year. A Guardianship Order which is renewed or further renewed has effect for a period not exceeding 3 years from the date of the renewed order. (See: Mental Health Ordinance, section 59R).