RE: THM

RE: THM

Given certified mental incapacity, competing familial interests, evidence of intense bitterness and risk that appointment of S or K would restrict access or risk undue influence, the Court appointed the Official Solicitor as committee under s11 and as guardian ad litem to ensure neutral management, continued access...

Source-derived case information.

Citation
RE: THM
Parties
Petitioner: W; Respondent (mentally Incapacitated): H; Applicant (son): S; Applicant (sister): K; Applicant/committee Nominee: Official Solicitor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2008
Case Number
HCMH16/2008
Procedural Posture
Applications Under Mental Health Ordinance (cap.136) and Ancillary Matrimonial/divorce Proceedings / Hearing and Decision on Competing Applications for Appointment of Committee and Guardian Ad Litem
Outcome
Official Solicitor appointed as committee under s11 Mental Health Ordinance and as guardian ad litem in the divorce proceedings; applications by S and K dismissed; costs directions made
Legal Topics
Appointment of Committee, Guardian Ad Litem, Mental Incapacity Certification, Conflict of Interest, Access to Incapacitated Person, Ancillary Relief/assets
Source Language
en
Mental Health Law Guardianship Family Law Matrimonial Law Court Procedure Appointment of Committee Guardian Ad Litem Mental Incapacity Certification +3 more

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Parties

W

Petitioner

H

Respondent (mentally Incapacitated)

S

Applicant (son)

K

Applicant (sister)

Official Solicitor

Applicant/committee Nominee

Procedural Posture

Applications Under Mental Health Ordinance (cap.136) and Ancillary Matrimonial/divorce Proceedings / Hearing and Decision on Competing Applications for Appointment of Committee and Guardian Ad Litem

Legal Issues

  1. 1 Whether S, K or the Official Solicitor should be appointed committee of H under Part II Mental Health Ordinance
  2. 2 Whether S, K or the Official Solicitor should be appointed guardian ad litem for H in the divorce proceedings
  3. 3 Whether conflicts of interest or family bitterness render candidates unsuitable

Ratio Decidendi

Given certified mental incapacity, competing familial interests, evidence of intense bitterness and risk that appointment of S or K would restrict access or risk undue influence, the Court appointed the Official Solicitor as committee under s11 and as guardian ad litem to ensure neutral management, continued access by relatives and protection of H's paramount interests; S and K's applications were refused; costs to Official Solicitor on indemnity from H's estate reserved.

Court Disposition

Official Solicitor appointed as committee under s11 Mental Health Ordinance and as guardian ad litem in the divorce proceedings; applications by S and K dismissed; costs directions made

Orders

  • Official Solicitor appointed committee of H under section 11 Mental Health Ordinance Cap.136
  • Official Solicitor appointed guardian ad litem for H in the divorce proceedings