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Article: The Adult Guardianship Dilemma in Hong Kong
Title | The Adult Guardianship Dilemma in Hong Kong |
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Authors | |
Issue Date | 2019 |
Publisher | Oxford University Press. The Journal's web site is located at http://tandt.oxfordjournals.org |
Citation | Trusts & Trustees, 2019, v. 25 n. 10, p. 1073-1085 How to Cite? |
Abstract | Today, there is worldwide consensus that ageing has become an issue of global concern. The frail elderly, together with other vulnerable sections of the community, may turn to adult guardianship, a mechanism for planning for and the protection of individuals with cognitive impairment. There is, however, an inherent tension at the heart of the legal institution of adult guardianship: although it protects individuals with cognitive impairment from potential abuse and exploitation, that protection is often provided by subjecting individuals to the plenary authority of their guardians. Against this backdrop, this article critically examines the struggle with the tension within the adult guardianship regime in Hong Kong and, drawing on reforms in major jurisdictions with long-standing experience of guardianship experimentation, explores the features of a guardianship system that tackles this dilemma. |
Persistent Identifier | http://hdl.handle.net/10722/288089 |
ISSN | 2023 Impact Factor: 0.2 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Lee, R | - |
dc.date.accessioned | 2020-10-05T12:07:42Z | - |
dc.date.available | 2020-10-05T12:07:42Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Trusts & Trustees, 2019, v. 25 n. 10, p. 1073-1085 | - |
dc.identifier.issn | 1363-1780 | - |
dc.identifier.uri | http://hdl.handle.net/10722/288089 | - |
dc.description.abstract | Today, there is worldwide consensus that ageing has become an issue of global concern. The frail elderly, together with other vulnerable sections of the community, may turn to adult guardianship, a mechanism for planning for and the protection of individuals with cognitive impairment. There is, however, an inherent tension at the heart of the legal institution of adult guardianship: although it protects individuals with cognitive impairment from potential abuse and exploitation, that protection is often provided by subjecting individuals to the plenary authority of their guardians. Against this backdrop, this article critically examines the struggle with the tension within the adult guardianship regime in Hong Kong and, drawing on reforms in major jurisdictions with long-standing experience of guardianship experimentation, explores the features of a guardianship system that tackles this dilemma. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://tandt.oxfordjournals.org | - |
dc.relation.ispartof | Trusts & Trustees | - |
dc.rights | Post-print: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The definitive publisher-authenticated version [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here]. | - |
dc.title | The Adult Guardianship Dilemma in Hong Kong | - |
dc.type | Article | - |
dc.identifier.email | Lee, R: rebeccalee@hku.hk | - |
dc.identifier.authority | Lee, R=rp01258 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1093/tandt/ttz101 | - |
dc.identifier.hkuros | 314668 | - |
dc.identifier.volume | 25 | - |
dc.identifier.issue | 10 | - |
dc.identifier.spage | 1073 | - |
dc.identifier.epage | 1085 | - |
dc.identifier.isi | WOS:000511317700015 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 1363-1780 | - |