The Guardianship of Minors Ordinance (Cap. The best solution to make sure that your children do not become a part of Hong Kong’s social welfare system would be for parents to prudently appoint legal guardians. Interestingly, in many cases the father’s family has the strongest chance of being granted guardianship. Only specific visitation rights are given until the dispute is resolved. Any disagreements may mean that the children remain under the care of the Hong Kong government through the Social Welfare Department. This process can be a lengthy one as all family members are considered and consulted. When this happens, it is up to the Courts to appoint a guardian for the children.
What happens if both parents pass away without a legal appointment of guardianship in place?ĭetrimentally in some cases in Hong Kong, social services can act swiftly in taking children under their care and placing them in a local orphanage. The original Will in such an unfortunate event will likely be probated in the Hong Kong Courts, and the guardians will no longer be in possession of an original document to show their official appointment as guardians. A deed is more ideal as it allows guardians immediate access to the children and can be kept as an original document by the guardians for record. Guardians should be appointed by the parents in either a Will or a deed. It’s sad to imagine, but should something happen to both parents, children under 18 years old will need a guardian to take care of them as well as make decisions for them. Similar to the way you protect your property by buying home insurance, you should ask yourself the following question: what have I done to protect my children? Undeniably your children are your most important and valuable asset.
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