Guardianship Hong Kong
Hong Kong does not have orphanages – there are around 1,200 volunteer foster parents. When your minor children become orphans, you will need to appoint someone to take care of them under 18 years old, or a foster family would be appointed to care for them until guardian/s is selected.
It is horrible to imagine, but you would need someone to look after minor children in Hong Kong if the permanent guardian/s are coming from overseas, therefore appointing a temporary guardian with the HK Appointment of Guardianship form. A permanent name through a Deed of Guardianship.
Ideally, guardians should be appointed in a will and a Deed, which gives guardians immediate access to the children. In contrast, a Will alone usually takes more time to present to the courts.
During these Covid-19 times, it is also advisable to have a temporary guardian to substitute you if you are quarantined, hospitalized, stranded (in a different country) for a lot of reasons for parents to be separated from their children.
An Enduring Guardianship form should also be completed to ensure that your children are continually looked after, no matter the event.
These documents can be written and become valid within a short time and add peace of mind to your daily life.



Advantages of (nominated) Guardianship
Following are the advantages of guardianship proceedings:
- Can Give Control to a Trusted Third Party.When a guardian is appointed, the court will appoint a family member, friend, or corporate guardian who can be trusted to make decisions for the ward.
- Comes with Court Oversight
In case a guardian is appointed by the court, the guardian has a fiduciary duty to act in the best interests of the ward. The court will monitor how the decisions are made and assets are managed to certify that a guardian is fulfilling his duty.
Disadvantages of (government) Guardianship
Following are the Disadvantages of guardianship proceedings:
- Complicated and Costly The court process can be time-consuming and expensive.
- The Individual Doesn’t Get the Chance to Select Their Guardian
Enduring Guardianship form should also be completed to ensure that your children are continually looked after, no matter the event.
These documents can be written and become valid within a short time and add peace of mind to your daily life.

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