Register a Person Incapable of Giving Consent

A person incapable of giving consent is a person who is aged 16 or above and who is either:

• (a) Mentally incapacitated as defined by the Mental Health Ordinance (MHO) (Cap. 136);
• (b) Incapable of managing his or her own affairs;
• (c) Incapable of giving joining consent at relevant time; or
• (d) Incapable of giving sharing consent at relevant time.

Who can apply

You can register for the person if you are:

• (a) The person’s guardian;
• (b) The Director of Social Welfare or any other person as guardian under MHO;
• (c) Person appointed by court to manage the person’s affairs;
• (d) If there is no one in (a)-(c), the person’s family member; or a person residing with him/her;
• (e) If there is no one in (a)-(d), a prescribed Healthcare Provider who provides or is about to provide healthcare to the person.

Online Submission

If you are the person’s family member, or a person residing with him/ her, you can make online application for the person. Please note that online submission is not applicable to applications made by the person’s guardian, person appointed by the court to manage his/ her affairs, or prescribed Healthcare Provider who provides or is about to provide healthcare to him/ her.