The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(816) EMERGENCY GUARDIANSHIP FOR ABUSED MENTALLY INCAPACITATED ADULTS

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The Guardianship Board makes orders appointing guardians for adults who are unable or limited in making reasonable decisions about their personal, medical or financial affairs. This is because they have a mental incapacity, which limits their ability to make reasonable decisions about personal, medical or financial affairs. The mental incapacity can be a mental illness, dementia, mental handicap, an acquired brain damage from a stroke or accident, or some other disability of mind.

Section 59Q of the Mental Health Ordinance gives power to the Guardianship Board to make an Emergency Guardianship Order where it has reason to believe that: -

1. a mentally incapacitated adult is in danger, or is being, or likely to be, maltreated or exploited;
2. the mentally incapacitated adult is incapable of making reasonable decisions in relation to his personal circumstances; and
3. it is necessary to make immediate provision to protect him.

If there are insufficient grounds for making an Emergency Guardianship Order, an original guardianship application may still be made on the grounds that it is in the interests of the welfare of the mentally incapacitated person that an original guardianship order be made.

Abuse of mentally incapacitated persons, which may lead to an application for an Emergency Guardianship Order or Original Guardianship Order, include physical, sexual, psychological, or financial abuse and neglect.

Physical Abuse is any act of violence causing injury or physical discomfort including the inappropriate or forcible use of restraints such as tying a person to a chair or bed. It also includes misuse of medication, including withholding medication or over-medication.

Sexual Abuse is any act involving unwanted touching / activity including sexual assault, sexual harassment.

Financial Abuse / Exploitation is any act which involves the misuse / abuse of property and money without the mentally incapacitated person's knowledge or consent, or using undue influence.

Psychological Abuse is any act which may cause damage to the mental health or well being of the mentally incapacitated adult, such as being confined at home, physical and social isolation; verbal assault, harassment, humiliation, or intimidation; denial of information, or privacy, or visitors, or threats, e.g. to put the person in a nursing home.

Neglect is where a mentally incapacitated person's basic needs are not being met by himself or others, and / or proper medical, dental or psychiatric treatment is not being given or received. Examples are leaving the elderly person in an unsafe or isolated place, or leaving the elderly person tied to a bed or chair.

Three members of the Guardianship Board will decide whether to grant an Emergency Guardianship Order or not. A hearing of the three members will be organised as quickly as possible.

The Emergency Guardianship Order lasts for a maximum of three months. To apply for an Emergency Guardianship Order, please telephone the Guardianship Board number 23691999 during office hours from Monday to Friday.

Date of amendment: 22nd February 2013