A guardian can hold, receive or pay a specified sum up to only a maximum of HK$12,000 per month on behalf of a mentally incapacitated person (the “MIP”). What if a person wishes to have more capacity in managing the assets of the MIP? Application for an appointment of a committee of the estate may be a better option.
The applicant should first apply for an inquiry into whether the person concerned is incapable, by reason of mental incapacity, of managing and administrating his property and affairs. This application can be made by any relative of the concerned, the Director of Social Welfare, the Official Solicitor or the guardian of the concerned. If the Court thinks fit, it may appoint a committee of the estate. The committee’s power ranges from transferring, selling or acquiring a property under Court’s orders, to undertaking legal proceedings on behalf of MIP.
In many cases, the management of assets cannot be wholly segregated from the care and treatment of the MIP, but the committee does not have power to agree on behalf of the MIP to any medical or dental treatments. Hence, in Re TYL  HKCU 1522, where the committee of a mentally incapacitated elderly sought guidance from the Court how to procure authorization when the elderly required medical treatment, the Court commented that the committee could refer to Part IVC of the Mental Health Ordinance and make application to the Court for consent.
Ms. Ngan is on the panel of Solicitors for the Legal Aid Department of criminal matters, matrimonial/family law, employee compensation, personal injury, medical negligence, and land disputes and has participated in cases related to the Hague Convention on the Abduction of Children, which involved parental abduction of children in and out of the country. In addition, she provides legal advice to clients concerning marriage or relationship breakdown, drafts pre-nuptial and post-nuptial agreements, separation deeds and divorce agreements, and assists to delete non-biological father’s name on birth certificate. Ms Ngan is also experienced in handling void marriage petition, unreasonable behavior divorce petitions, litigation regarding the validity of the Enduring Power of Attorney (EPA), applying for Guardianship Order, Debt-related legal advices, employees’ violations of fiduciary duties such as conflict of interests and breach of confidentiality, applications for Dependent Visas, Company, Shares and Property transfers Due Diligence Check, Building Mortgages, Re-mortgage of public housing flats/HOS units, handling landlord-tenant dispute cases, Adverse Possession, cases involving investigations by the Independent Commission Against Corruption, Immigration Department or Police Force, traffic crime cases, criminal defense or mitigation, probate application for Hong Kong residents who have died outside Hong Kong, civil litigation and debt claims, etc.