When cognitive or mental difficulties affect a relative's decisions, carers may be uncertain what they can do. Start with the person's actual capacity and the specific unresolved issue, seeking the proper authority while preserving as much personal choice as possible.
Evidence to keep
Before you start
The Guardianship Board considers applications for adults aged 18 or over under the Mental Health Ordinance, including whether guardianship is needed and a less restrictive or intrusive alternative exists. Relatives, registered social workers, registered doctors and specified SWD officers can apply under the rules. Information, assessment and a hearing support the decision. The order identifies the guardian and granted powers rather than conferring unrestricted authority over every financial and care issue.
What to do, step by step
- Describe the actual problem, such as understanding treatment, accommodation or daily expenditure, and its effect on the person's life. Record wishes the person can still express and support already in place. Ask a medical social worker or family centre about the appropriate route rather than beginning with a broad request to take over everything.
- Check the Board's current forms and medical or social information requirements. Explain concerns and support already tried to the responsible professionals. Ask which decisions could use a less restrictive arrangement and which property matters may need a separate court route, keeping the application focused on a demonstrated need rather than presumed family entitlement.
- Submit through the formal process and cooperate with information gathering, social investigation and the hearing. Coordinate accurate information with relevant relatives and disclose conflicts or disagreement. Being the longest-serving carer does not guarantee appointment, and the person's own expressible wishes should not be removed merely because they differ from the applicant's preferred arrangement.
- If an order is made, read each power, restriction, duration and review requirement before supplying appropriate documents to hospitals or providers. Keep decisions, expenditure and care records. Where a proposed action appears outside the order, obtain guidance about the correct process instead of extending the authority yourself or assuming an institution's acceptance settles the legal question.
Costs, timing, and things to check
Guardianship does not arise automatically from a diagnosis, and disability should not be equated with inability to decide. Capacity, need and alternatives require the appropriate assessment of the circumstances. Continue to involve the person in choices they can understand while professional and legal questions are being resolved.
EPA, guardianship and court property management have distinct functions. Before an order, urgent medical questions need the clinical team's applicable legal and professional process. Explain urgent needs clearly while recognising that a submitted application is not an operative authority and does not itself authorise account access or treatment consent.
A practical example
A father leaving hospital cannot understand accommodation options. The family first asks the medical social worker about capacity, wishes and support before enquiring about guardianship. Banking and property issues receive separate legal advice. Even if the daughter is appointed, she acts within the order's powers and keeps a record of decisions and payments.
Establish the need and alternatives, then act within any granted powers.
Official information and enquiries
These are the reference and service entry points for this guide. Check current fees, eligibility, and schedules with the authority. The preparation date is not each source's official update date.
This is general information; an individual dispute depends on the facts, documents, and current law.