Applications

Applications

Applications for receiving a mentally incapacitated person (MIP) into guardianship must be made to the Guardianship Board. It should follow the format of Form 1 in the Mental Health Guardianship Board Rules (Cap. 136E). 

The application must state the age of the MIP (18+). If the exact age is not known to the applicant, then the application must state that the MIP is believed to have attained 18 years of age. 

A guardianship application may be made in respect of an MIP in the following grounds:

1. The mental disorder/mental handicap warrants his reception into guardianship; and 

2. It is necessary in the interests of the welfare of the MIP or for the protection of other persons that the MIP should be received into guardianship. 

    

All guardianship applications shall be accompanied by and founded on the written reports of two doctors (neither of them can be the applicant for guardianship, and at least one of the reports must be prepared by a medical practitioner approved by the Hospital Authority as having special experience in diagnosing or treating mental disorders, or in assessing or determining a mental handicap, as the case may be. The list of approved doctors can be found on the website of the Guardianship Board). Each report shall include: 

1. A statement that, in the medical or other opinion of the doctor, that the above 2 grounds are satisfied; 
2. Particulars prescribed for the reasons of the opinion, so far as it relates to whether the mental disorder/mental handicap warrants the MIP’s reception into guardianship; and 
3. A statement of the reason for the doctor’s opinion why he/she opines it is necessary in the interests of the welfare of the MIP or for the protection of other persons that the MIP should be received into guardianship. 

The application must reach the Guardianship Board within 14 days immediately after the applicant has personally seen the MIP and within 14 days of the last medical examination of the second doctor. Both deadlines must be met at the same time. 

For example:

Suppose the applicant personally visits the MIP on 1 March.

The second doctor completes his medical examination on 5 March.

The application must then reach the Guardianship Board no later than 15 March (14 days after 1 March) and also no later than 18 March (within 14 days beginning on 5 March).

In practice, the earlier of these two dates applies. So in this case, the application must be received by 15 March. However, please note that the Guardianship Board receives applications during business hours on Monday to Friday only. If 15 March falls on a Saturday or Sunday, the effective deadline shifts earlier to the last working day before it.

After making the guardianship application, the Director of Social Welfare shall send to the Guardianship Board a social enquiry report in respect of the MIP (Cap. 136E, section 5)