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GUARDIANSHIP BOARD DECISIONS

YEAR 2010

  Reference no. Headnote
1. GB/P/1/10 (C) (22/7/2009)

Young lady – schizophrenia over 20 years – inadequate budgeting skills – study up to Form 1 – idled at home – strongly relied on her father – mother and father died in 2001 & 2004 respectively – step-mother as Mainlander as estate administratrix – in-patient treatment since November 2004 – discharged to half way house in September 2005 – the Board once dismissed the application – step-mother filed a new application in 2008 – proposed to withdraw huge amount from subject’s account for buying an apartment in Mainland and overseas studies of her own daughter – paternal relatives against step-mother – The Board granted Guardianship Order to Director of Social Welfare – Recommendation for Part II Committee Order (uploaded on 19/10/2010)

2. GB/P/2/10 (E) (12/7/2010)

Mental handicap – live in hostel – repeated A&E Department attendances & admissions to hospitals – hostel’s doctor advised joining “Public-Private Interface-Electronic Patient Record Sharing Pilot Project (PPI-ePR)” in order to obtain timely medical information – for better treatment plan and better rehabilitation program – the Board dismissed the application (uploaded on 19/10/2010)

3. GB/P/3/10 (E) (24/2/2010)

Administration of the estate of late husband – trustee company under a grant of Letters of Administration by High Court – part of the state relates to the residence – whether future guardian can make an election, requirement or consent over the residence under Schedule 2, Intestates’ Estates Ordinance Cap. 73 – powers of the guardian are limited in scope and application – application dismissed (uploaded on 26 November 2010)

4. GB/P/4/10 (E) (22/2/2010)

Conflict between sons since father passed away – eldest son and his family live with subject – poor living condition- subject signed an assignment -  assigned the property at below market value to eldest son’s company – subject did not receive any money – 4th son filed application – proposed 2nd son to be guardian – elder son filed statements against allegations of misconduct & financial abuse – 2nd & 4th son moved subject to a secret place – request the Board to keep address confidential – refused visit from elder son – issues of mental capacity considered (uploaded on 26 November 2010)

5. GB/P/5/10 (C) (1/12/2008)

Mental handicap lady – live in hostel – the sole carer mother passed away in 1999 – over 4 million estate – brother left home since 1977 - filed a guardianship application in 2000 – dismissed – brother re-applied in 2008 – removing the breast mass – $2.1 m estate of mother left to her – Committee Order granted to Official Solicitor – motive and ability of brother considered – Guardianship Order granted to Director of Social Welfare (uploaded on 26 November 2010)

6. GB/P/6/10 (E) (6/10/2008)

67-year-old man – sole breadwinner – 2 adult children – CVA – live at home – wife applied as guardian for financial power granted in 2005 – Renewed Order in 2006 for 3 years – conditions of subject progressively deteriorating – guardian found to have misused subject’s savings for dubious purposes (pet dog’s food expenses and surgical fees, fitting out expenses of abode, guardian’s household expenses) – case social worker noted but gave support on ground of “social worker perspective” – ruled as mishandling of subject’s money – wife applied CSSA for herself and younger son in February 2009 – Review hearing in October 2009 – not renew the Order (uploaded on 26 November 2010)

7. GB/P/7/10 (E) (24/8/2008)

Terminal brain tumor - condition compatible with vegetative state – serious family conflict – Official Solicitor appointed as Committee – second wife (in process of divorce) vs the son of the first wife – predominantly medical decisions in issue – health care advance directive in USA – emergency guardianship application (uploaded on 26 November 2010)

8. GB/P/8/10 (E) (30/10/2009)

Mental handicap – parents passed away – live in hostel - uncle and aunt (jointly) applied – solicitors assisted – proper care by relatives - nominating a trustee to be the co-administrator of the estate – application dismissed (uploaded on 26 November 2010)

Remarks:

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