Deed of Guardianship

A Deed of Guardianship is a formal written instrument whereby a parent appoints an individual to act as the legal guardian of their minor child (aged 17 years old or below) in the event of the parent’s death or permanent incapacity. It serves as a clear and binding declaration of the parent’s intention regarding the future care and upbringing of their child.

The legal framework governing guardianship in Hong Kong is primarily set out in the Guardianship of Minors Ordinance (Cap. 13). This Ordinance provides for the appointment, powers, and responsibilities of guardians, whether appointed by the court or through a parental declaration such as a Deed of Guardianship. Under Section 6 of the Ordinance, a parent or guardian of a minor may appoint a guardian to act in their place upon death. The appointment must be made either by will or by a document signed and dated by the appointing person (i.e. a deed).

Pursuant to Section 7 of the Ordinance, the person appointed by a parent or guardian as the guardian of a minor thereunder automatically assumes guardianship over the minor on the death of the appointing parent.

An interim guardian (also known as a temporary guardian) is appointed to take care temporarily of a minor until the said minor is in the custody of the permanent guardian appointed by the parents.

It is common for foreigners in Hong Kong to appoint local friends as interim guardians of their children in order to allow an easy transition whilst the overseas guardian travel to Hong Kong to take custody of the children. If the guardian is not in Hong Kong and there is no interim guardian appointed locally, the children would be in the custody of the Hong Kong SAR government until the guardian is able to reach Hong Kong.

A properly drafted Deed of Guardianship in Hong Kong should include the following elements:

• Full details of the appointing parent or guardian: Including Hong Kong Identity Card number and address.

• Information of the appointed guardian: Name, relationship to the child, address, and HKID number.

• Details of the minor child(ren): Full name, date of birth, and identification particulars.

• Signatures and witnesses: The deed must be signed by the appointing parent and witnessed by at least two adults that meet the legal requirement.

Although not strictly required by law, it is recommended that the Deed be executed as a deed to ensure greater legal validity and avoid future disputes.

A deed of guardianship can be prepared, executed and witnessed the same day you retain our firm. Our fee is HKD800 is per deed.

If you have additional questions which are not addressed here or wish to schedule an appointment, please click below or contact us by telephone on +852 2176 4777, by WhatsApp (+852 9547 5353) or by email at enquiries@comtois.hk.