A Practical Guide to Mental Health Law in Hong Kong

How can we best serve the interest of a family member who becomes mentally incapacitated because of ageing? How can parents of children with autism or Down syndrome arrange their affairs so their children will be taken care of even when they are gone? In light of the ageing population and increased life expectancy, these problems are likely to increase. A Practical Guide to Mental Health Law in Hong Kong will be a good starting point for preparing for the upcoming challenges before it is too late.

This book is divided into three parts. Part I consists of twelve modified case studies based on real-life scenarios, which provide an introduction to the relevant mental health law in Hong Kong. Part II highlights the legal procedures and practical considerations for managing the property and affairs of persons suffering from mental incapacitation (MIPs). Part III addresses alternative planning tools such as wills, enduring powers of attorney, continuing powers of attorney, and advance medical directives. The book ends with a discussion of the way forward for Hong Kong, with reference to the mental health law and legal practices in other common law jurisdictions pertinent to the protection of the interests of MIPs.

Family members, caregivers for MIPs, and professionals who are in disciplines relevant to the care of the MIPs will find this book a highly informative resource. It will also be useful for legal practitioners who are not familiar with this area of law.

Sherlynn G. Chan is a graduate of the University of Hong Kong and a solicitor of the High Court of Hong Kong with over 25 years’ experience. She is an accredited general and family mediator. She worked in the Legal Aid Department and Official Solicitor’s Office for over 11 years. She has acted on behalf of litigants under disability, handled contentious probate and family matters, and has been appointed by the High Court as committee of the estate of MIPs. She served as a deputy district judge in the Family Court in 2014.

“It is opportune for a book on mental health law in Hong Kong to be published. Sherlynn G. Chan’s work represents a substantial contribution to the promotion of sound and proper engagement of the legal process in this area. It provides useful and up-to-date guidance to practitioners in this field. I would highly recommend it to lawyers and students.” —The Honourable Mr Justice Johnson Lam Man Hon, Vice-President of the Court of Appeal of the High Court

“Sherlynn G. Chan is a recognized expert in the management of the affairs of mentally incapacitated persons and this new book of hers is a generous sharing of her wealth of experience in this unique field of the law.” —Charles Chiu, Chairperson, Guardianship Board