This application concerned a dispute among the four children of an 89-year-old incapable mother, Shui Wah Wong, regarding who should be appointed as her guardians for personal care and property.
The applicants, Anna Kam Wong and Stella Kam Wong, sought appointment, while the respondents, Winnie Shuk Kum Yau and Samuel Lun Cheung Wong, also sought appointment.
The court considered the best interests of the incapable person, the fitness of the proposed guardians, and the factors under the Substitute Decisions Act, 1992.
The court found that the respondents, Winnie and Samuel, had historically managed the mother's affairs and provided consistent care, and their plan prioritized the mother's interests.
The applicants' concerns about past financial dealings and visitation schedules were found to stem more from a desire for control and 'rights' rather than the mother's best interests.
The court dismissed the applicants' request and appointed Winnie Shuk Kum Yau and Samuel Lun Cheung Wong as joint guardians, also ordering the applicants to pay costs.
