17/03/2021
Advice for Parents: Covid-19 Separating Families
A question which is probably preying on your mind is: "if something were to happen to you and your partner, who can legally look after your children?"
In these fraught and uncertain times, it is important to know the difference between a permanent guardian and a temporary guardian.
A permanent guardian is someone that you would appoint in your Will to bring up and care for your children if both parents passed away and the children are below the age of majority.
A temporary guardian is relevant to those with family outside of Hong Kong. Temporary guardians can look after your children until such a time as you (if incapacitated) or your elected permanent guardians (if you were to pass away) are able to take up guardianship, and in that time the temporary guardians can legally make decisions on your behalf in case you are incapacitated or have died.
What happens if you do not appoint a temporary guardian?
Appointing a temporary guardian here in Hong Kong avoids your children being taken away by social services or equivalent. A temporary guardian can be appointed through a Deed of Temporary Guardianship document and you may choose to appoint friends or neighbours.
We know there are lots of concerns over parents being separated from their children due to close contact tracing and Covid-19 testing. If this happened, usually family members would be able to step in and take up guardianship. If your family is outside of Hong Kong, travelling under Covid-19 could mean separation could last for weeks. Our advice to families is to have a plan. We encourage parents to appoint more than one friend or couple here in Hong Kong as temporary guardians, to help in case you must be separated.
As always, if you have questions, we are here to offer advice and give you peace of mind. Call us anytime.
All of our Wills include complimentary Deeds of Temporary Guardianship documents to deal with these difficult decisions.