Our firm’s partner, Ms. Sherlynn Chan, published an article titled “Managing the Property and Affairs of Persons with Mental Incapacity” in the February edition of the “Hong Kong Lawyer”, the official journal of the Law Society of Hong Kong. This article is part one of two articles co-authored with Ms. Daisy Cheung, Assistant Professor of the University of Hong Kong and Deputy Director of Centre of Medical Ethics and Law.
The impact of ageing population, the current legal framework, and the need for legal reform in Hong Kong are explored in this article. It then delves into Parts II and IVB of the Mental Health Ordinance (Cap. 136) surrounding the management of assets of a person without mental capacity (“MIP”).
“In light of the ageing population, we must work together to improve education and promote awareness of mental health, elderly and special needs issues; to provide training to detect and prevent mental deterioration and physical, emotional and financial abuse against MIPs.”
In the next issue, to be published in April 2020, the human rights concerns arising from the involuntary detention and treatment of patients, and the concepts of mental capacity, best interests, and subsitute/supported decision-making will be further explored.
For the full article, please visit here.
For more information, please contact Ms. Sherlynn Chan.