This decision addresses two related applications concerning the guardianship of Jiefu Kwok, who suffered a traumatic brain injury.
Derrick Kwok, Jiefu's son, applied to terminate his appointment as guardian for property and person, citing strained relations and difficulties in management.
Ellie Kwong, Jiefu's separated spouse, applied to be appointed as guardian in Derrick's place, with Derrick's support.
The Public Guardian and Trustee (PGT) requested the appointment of legal counsel for Jiefu Kwok under s. 3 of the Substitute Decisions Act, 1992, arguing that his capacity might have improved or that his wishes needed independent ascertainment, despite a prior court order of incapacity.
The court dismissed the PGT's request, finding it unnecessary and a waste of resources given the lack of dispute between family members, consistent medical evidence of Jiefu Kwok's continued incapacity, and Jiefu Kwok's expressed consent to Ellie Kwong's appointment in court.
Both applications for guardianship change were allowed.
