Guardian Declaration Form for Hong Kong

Guardian Declaration Form Template for Hong Kong

A Guardian Declaration Form is a formal legal document used in Hong Kong to establish and document the appointment of a guardian for individuals who require care and oversight due to age, mental capacity, or other circumstances. The document operates under Hong Kong's legal framework, particularly the Mental Health Ordinance (Cap. 136) and the Guardianship of Minors Ordinance (Cap. 13). It outlines the guardian's powers, responsibilities, and limitations while providing essential protections for the ward. The form includes comprehensive details about both the guardian and ward, the scope of guardianship, duration, and specific powers granted.

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What is a Guardian Declaration Form?

The Guardian Declaration Form serves as a crucial legal instrument within Hong Kong's guardianship framework. This document is required when an individual needs to formally assume responsibility for another person's welfare, whether due to mental incapacity, minority, or other circumstances requiring protection. The form must comply with Hong Kong's legal requirements, particularly under the Mental Health Ordinance and Guardianship of Minors Ordinance. It captures essential information about the guardian and ward, specifies the scope and duration of the guardianship, and outlines the guardian's duties and powers. The document is typically used in situations involving elderly care, protection of minors, or care for individuals with mental disabilities. It requires careful completion and often involves medical assessments, legal review, and witness verification to ensure validity.

What sections should be included in a Guardian Declaration Form?

1. Declaration Details: Date, location, and type of declaration being made

2. Declarant Information: Full details of the person making the declaration to be guardian, including personal information, contact details, and relationship to the ward

3. Ward Information: Details of the person to be under guardianship, including full name, date of birth, and current address

4. Basis for Guardianship: Clear statement of the reasons why guardianship is necessary, including any relevant medical or legal determinations

5. Scope of Guardianship: Detailed outline of the guardian's powers, responsibilities, and limitations

6. Duration of Guardianship: Specified period or conditions of the guardianship arrangement

7. Guardian's Undertaking: Formal commitments and promises made by the guardian regarding their duties

8. Declaration of Truth: Formal statement confirming the truth of all information provided

9. Execution: Signature section with witness requirements and details

What sections are optional to include in a Guardian Declaration Form?

1. Medical Decision Authority: Additional section when guardian requires authority to make medical decisions, including specific powers and limitations

2. Financial Management Powers: Detailed section for cases where guardian will manage financial affairs, including reporting requirements

3. Co-Guardian Arrangements: Section required when multiple guardians are being appointed, defining their respective roles and responsibilities

4. Emergency Powers: Special provisions for emergency decision-making authority, used in cases where immediate action might be necessary

5. Reporting Requirements: Additional obligations for regular reporting to authorities or other designated parties

6. Temporary Guardian Provisions: Special provisions for temporary guardianship arrangements, including specific duration and circumstances

What schedules should be included in a Guardian Declaration Form?

1. Schedule 1: Identity Documents: Copies of identity documents of both guardian and ward

2. Schedule 2: Medical Certificates: Relevant medical certificates or assessments supporting the need for guardianship

3. Schedule 3: Asset Inventory: Detailed list of ward's assets and financial accounts (if financial guardianship is included)

4. Schedule 4: Contact Information: List of important contacts including alternate guardians, medical providers, and relevant family members

5. Appendix A: Guardian's Rights and Responsibilities: Detailed guide explaining the legal obligations and rights of guardians under Hong Kong law

6. Appendix B: Reporting Forms: Standard forms for periodic reporting requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Legal Services

Social Services

Financial Services

Insurance

Elder Care

Child Protection Services

Mental Health Services

Public Administration

Education

Relevant Teams

Legal

Social Services

Healthcare Administration

Compliance

Risk Management

Client Services

Document Processing

Family Support Services

Medical Records

Ethics & Governance

Relevant Roles

Legal Counsel

Social Worker

Healthcare Administrator

Medical Director

Court Clerk

Probate Officer

Elder Care Coordinator

Mental Health Professional

Family Services Coordinator

Compliance Officer

Public Guardian

Child Protection Officer

Patient Care Manager

Legal Administrator

Healthcare Ethics Officer

Industries
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