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GUARDIANSHIP BOARD DECISIONS

YEAR 2011

  Reference no. Headnote
1. GB/P/1/11 (C) (15/9/2010)

Demented woman – 2 children – son live apart and married with 3 teenage children – subject and daughter at self-own flat which was jointly owned with late husband – 15 missing reports – moved to live with son’s family – conflicts between daughter and son over subject’s expenditures - daughter-in-law (carer) quitted full-time job to take care subject with 3 children’s assistance – proper care & physical health improved - financial stress of son’s family (mortgage loan and school fees) – carer requested $5,000 per month as wages – Board specially authorized – one year later, case reviewed – carer planned to give up caring subject at home – under much (financial & psychological) stress – requested extra $2,000 for meal and lodge expenses of subject – public guardian strangely requested the Board to approve – subject found to have not been provided with meal and lodge expenses during last year (uploaded on 15 March 2011)

2. GB/P/2/11 (C) (13/9/2010)

Conflict between 2 son-applicants over the management of subject's finance - financial abuse - both applicants withdrew/transferred the savings of parents and/or opened joint accounts with subject - not willing to contribute to mother's (subject's wife) old age home fees which used to be paid by subject - mistrust, oppositional and apathetic attitudes between applicants - Guardianship Order granted and appointed Director of Social Welfare as guardian (uploaded on 15 March 2011)

3. GB/P/3/11 (E) (25/1/2011)

Wife applied – for handling the MPF entitlements (around $130,000) of husband – only few thousands savings in bank account – resided in old age home – Order granted – wife as guardian – during review period, wife used the trust money to buy golden bracelet & prepare red packets for wedding of son – financial powers of a legal guardian do not extend to giving gifts to other person due to the limited application of section 59R(3)(f), Mental Health Ordinance (Cap. 136) – guidance  on red packets during CNY – case social worker must clearly answer Board’s requisitions (uploaded on 25 March 2011)

4. GB/P/4/11 (E) (22/2/2011)

Twin brothers – both suffered from schizophrenia – due to stroke, the twin elder brother admitted to hospital - financial abuse by a girl friend of twin younger brother - bank staff attended hospital and ask the twin elder brother to sign withdrawal slip – hospital stopped & filed guardianship application – Order granted – in 1998, twin younger brother customarily married with a woman – marriage not consummated – transferred the ownership of 2 properties to the woman – funded her to purchase 2 properties – gave her $10,000 monthly as maintenance – uncle filed application for the twin younger brother – order granted (uploaded on 25 March 2011)

5. GB/P/5/11 (E) (8/4/2011)

Subject aged 87 with dementia – under guardianship since April 2007 – the Board appointed Director of Social Welfare as guardian – subject has around 1 million dollars at bank – no child – relatives unwilling to get involved into subject’s welfare and finance – during the 1st review period, subject was offered a subvented placement – the Board recommended for an updated mental assessment – visiting private doctor (not specialist psychiatrist) conducted mental assessment – Guardianship Order was granted for another 3 years (uploaded on 4 July 2011)

6. GB/P/6/11 (E) (22/2/2011)

Demented woman aged 70 – singleton & living alone – financially abuse by alleged stranger family – incident was timely reported to police by bank staff – abusers arrested at scene - Emergency Guardianship Order and Guardianship Order granted in December 2009 and March 2010 respectively – at review hearing – guardian found not necessary to apply Part II Committee Order – the case still under police investigation – no action planned to revert the ownership of the sizeable credit balance in the joint account with a suspected abuser – the Board renewed the Guardianship Order with directions (uploaded on 4 July 2011)

7. GB/P/7/11 (E) (1/6/2011)

Demented man – serious family conflict - 2 applications (by daughter-in-law & wife) – disputes (mainly on finance) since mid-2009 – subject admitted to old age home – not allow son to take subject for home leave - Part II Order granted to wife, daughter & son-in-law as joint committee (uploaded on 6 December 2011)

8. GB/P/8/11 (E) (27/5/2011)

subject aged 86 - suffered from stroke - grandnephew filed an application in March 2010 - bank savings to be mobilised - discharged to home - niece employed a domestic helper to take care subject – Order granted in May 2010 - appointed grandnephew to be guardian for one year – during guardianship period, niece filed an application for review – proposed herself as guardian - different views on subject’s daily care plan & managing the domestic helper with guardian – the Board appointed the grandnephew to continue to be guardian – recommendation on foreign domestic helper given (uploaded on 6 December 2011)

9. GB/P/9/11 (C) (24/8/2011)

50 years old man with organic delusion disorder – physical disabilities of bilateral blindness and hearing impairment – CSSA stopped due to long stay in China – ill-treated by the 2nd wife in China after became blind in May 2009 – conflict between wife and subject’s siblings - younger brother took subject away from home by force – escorted subject back to Hong Kong for treatment in hospital – aunt filed an application in March 2011 – wife and children came and urged for discharging subject back to China – on request, ISS report filed – poor living environment in China for care – no financial support for family – Order granted to Director of Social Welfare (uploaded on 6 December 2011)

10. GB/P/10/11 (E) (22/8/2011)

61 year old divorced – brain metastasis of breast cancer at least since March 2011 – discharged to private old age home - younger brother a Mainland resident – not willing to disclose financial information of subject – medical social worker filed guardianship application – younger brother withdrew a total sum of $248,000 after the subject admitted to hospital – the Board declined the claim of reimbursement by younger brother and his request to become guardian (uploaded on 6 December 2011)

11. GB/P/11/11 (E) (31/8/2011)

Stroke in April 2007 – niece-in-law applied guardianship – discharged to private old age home - other family members preferred Director of Social Welfare to be guardian – Order granted in September 2007 and appointed public guardian – Order renewed in September 2008 – Order reviewed again in August 2011 – public guardian declined the offer of subvented placement in November 2009 without prior notice to the Board – public guardian reminded (uploaded on 6 December 2011)

Remarks:

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