Legal Guardianship

B

bekyboo44

Registered User
This is a bit of a morbid question, so apologies, but I wanted to know how one goes about appointing a legal guardian for a child. My husband and I are expecting our first child soon and it has occurred to me that we will have to appoint someone to raise our child should anything happen to us.

I'm guessing that I really need to speak to a lawyer, but I wondered if anyone had any experience of doing this in HK and if anyone could reccomend a lawyer/law firm to talk to about it?

Thanks!
 
bekyboo44, I don't think it's a morbid question, more like a smart precaution that I guess as parents we ought to give some thoughts to. After my baby was born, I did set up my will & trust in the US, however, I have not checked to see the validity here in HK (probably need to do that). I also talked to the person I wanted to appoint as guardian so that she knows what she needs to do upon our untimely demise and that she would know my wishes regarding my son's upbringing and that his needs would be provided for financially.

Sorry this doesn't directly answer your question in the context of how to do it in HK.
 
Beky,

I remember having this discussion with friends when our kids younger. Under HK law, paternal grandparents automatically become the guardians. You need to write a will if you'd like to appoint someone else.

You can speak to Speedy Sue
http://www.speedysue.com/en/eframe.htm
 
We've going to write up a will here in HK. We were told that the courts here wouldn't recognize our Canadian will. Also, something to think about is who would take care of your kids till their appointed gaurdian got here. In our case it could take a could of days depending on flights etc. The last thing we'd want is the Chinese authorities to make any decisions respecting our kids. We are going to give photocopies of the kids passports to their gaurdians. That way even if no one could find their passports, someone has their passport numbers and a new passport could be issued a little quicker. It probably makes sense to write a letter allowing their gaurdian to travel abroad with the kids too (what if you & hubby weren't dead, but were somehow out of commission). Hopefully a lawyer can give you (and me) some of the answere to those type of logistical things.
 
That's a good point- I think we plan to make one of my family members legal guardian and fortunetly my family live here, or at least some of them do!
I'm a permanent HK resident and as long as our guardian is here I suppose a will that HK will recognise is the most important thing.
However because my husband and I are not originally from HK, and not from the same country as each other I presume we are going to need a will that will be recognised in the countries we both come from. If that's possible to do here.
Have you spoken to a lawyer yet?
 
A will is a good guide but is not determinitive since it can always be contested and your chosen guardian may be challenged by another.

A lawyer can help draft a will that's more likely to be effective. PM me for some recommendations.
 
What if paternal grandparents are no longer around, does it automatically go to the maternal grandparents?
 
You must log in or register to reply here.

About this archive

This is an archive of over 20 years of GeoBaby and GeoSchools knowledge and discussions, kept online as a read-only reference.

Back
Top