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GUARDIANSHIP BOARD DECISIONS

YEAR 2009

  Reference no. Headnote
1. GB/P/1/09 (E)(16/8/2008)

Order not to disclose documents – since the Board believes that disclosure would affect the health or welfare of the Subject – In this case, the Board carefully considered its mandatory duty under section 7 of the rules not to disclose documents on to the Subject (uploaded on 5/2/2009)

2. GB/P/2/09 (E)(28/7/2008)

Subject-person was a street sleeper – his nephew has occupied the subject’s public housing unit for many years - poor care rendered to the subject – the Board declined to consider the nephew as the only relative as guardian (uploaded on 5/2/2009)

3. GB/P/3/09 (E)(24/10/2008) Subject suffered from stroke and end stage renal failure – gambling habit – amounts in debt higher than savings plus MPF – the wife intended to use MPF to pay debt and for living expenses of subject - the Board dismissed the application – Guardianship Order not granted solely for the purpose of repaying antecedent debts – no net equality left (uploaded on 24/2/2009)
4. GB/P/4/09 (E)(15/10/2008)

Subject had traffic accident in 2002 – brain injury – $1 million compensation unused - wife requested to withdraw small credit balance from MPF account of subject – avoid further possible loss in value and unnecessary administrative cost – the Board dismissed the application – not follow the recommendation of social enquiry report maker – application without any valid and cogent reasons – Guardianship Order should only be granted as the last resort (uploaded on 24/2/2009)

5. GB/P/5/09 (C)(9/10/2008)

Subject suffers from Alzheimer’s disease (dementia) - son applied for review – not provided proper care – rejected to move subject to nursing home – not paid various expenses – rejecting Director of Social Welfare to continue to be guardian – request to restore subject home – not willing to separate CSSA of whole family (uploaded on 24/2/2009)

6. GB/P/6/09 (E)(22/10/2008)

Normal guardianship Order granted - weak support from family members – heavy outstanding of private hospital fees and private doctor's consultation fee – public guardian in difficulties to change the treating private doctor or to discharge subject to old age home – continue to appoint guardian to make decision on both financial and medical – Part II Order in process (uploaded on 11/5/2009)

7. GB/P/7/09 (C)(10/10/2008)

Subject depends on CSSA - serious family disputes – inappropriate care by elder son and suddenly brought back to Hong Kong – subject was brought to the police station and admitted to hospital – other children arranged residential care for subject – youngest son applied guardianship and insisted himself to be the guardian of subject – The Board appointed Director of Social Welfare as guardian (uploaded on 15/6/2009)

8. GB/P/8/09 (C)(28/10/2008)

Schizophrenia over 20 years – paranoid delusion – never received treatment – refuse to leave home – vision loss – poor living condition - eldest daughter collected odds and ends and refused to clear up – 7 children formally contested the administration of father’s estate ($6.5 m) before the Court – Court appointed an independent solicitor to act as the administrator  - heated disputes over the care arrangement of subject – one of the children applied to be appointed as guardian – the Board appointed Director of Social Welfare instead – Reasons for appointment (uploaded on 15/6/2009)

9. GB/P/9/09 (C)(27/2/2009)

Dementia – poor living environment – fell at home – family conflict – eldest son against other siblings – need guardian to decide the accommodation (uploaded on 12/8/2009)

10. GB/P/10/09 (E)(23/4/2008)

Elder son appointed as guardian – passed away suddenly - 4 months lapsed after Director of Social Welfare applied for review – the Board's criticism debts accumulated – the Board appointed the youngest son as new guardian – employed a maid take care the subject at old age home - out of the duties of maid's contract – Immigration Department not given permission – subject's monthly limit cannot pay for the salaries of maid – the Board recommended guardian to receive the cheque of the subject's entitlement of elder son's employee compensation (uploaded on 12/8/2009)

11. GB/P/11/09 (E)(8/5/2009)

Public officer filed application – dementia – suspected cancer – need further investigations – total wealth over $7 m – estate of late husband over $2 m – relatives not willing to be proposed guardian – the Board appointed Director of Social Welfare as guardian – suggestions on preparing financial information (include savings, debts, etc) for the Board  (uploaded on 6/10/2009)

Remarks:

  1. (E) Reasons for Order in English
  2. (C) Reasons for Order in Traditional Chinese