A. Appointment of a temporary guardian by living parents
Section 6(1) and (2) of the Guardianship of Minors Ordinance provide the legal basis for parents to appoint other people to act as future guardians for their children who are still minors in the event of the death of both parents, by way of a will or a deed of guardianship. In cases where the living parents are unable to take care of their children, parents could consider setting up a Deed of Temporary Guardianship to provide for appointment of a temporary guardian in circumstances where children may be physically separated from parents in unforeseen situations (like a quarantine order). There is no statutory regime at present to cater for a third party to be appointed as children’s guardian if the children’s parents are still alive. The Deed of Temporary Guardianship is the most that a parent can do to communicate to the authorities the intention of the parents, so that the children would not be placed in the custody and care of the Social Welfare Department or an orphanage should circumstances arise.
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