Guardians Of Children

Though your money is important there is something else at the top of every parent’s list – what happens to your children if both parents are involved in an accident from which there is no survivor? Who will bring up these children in your place and what happens to them if the appointment is not made and how will that be funded?

What happens, then, if both parents die in an accident? If there is no Will or if it is out of date because it has not been re-written since the birth of children then there is a problem. In most countries, the state takes over if there is no appointment of a legal Guardian.

The Law in Hong Kong says that if a child is left without parents he or she must be made a ward of court. If no suitable person is available or willing to do it then the State remains in charge of the orphaned child or children for the rest of their minority . The court then has the power to decide what happens. In reality for expat families this might involve the appropriate Consulate, but not necessarily. At the very worst it could mean a State run Institution, a Charitable Home or foster parents.

The situation for children born in Hong Kong to foreign parents is more difficult than for those children born in their parents’ home country. In other words there is a risk factor which can be eliminated by appointing a Guardian in a legally recognized document.

Temporary Guardians

If both you and your spouse die and your children’s Guardians live in another country, there may be a period during which your children will need to be cared for on a temporary basis. In your Will you can appoint someone locally who could be a friend, neighbour or your domestic helper to fulfill this important role until the Legal Guardians arrive or until the children return to their extended family.

At the same time you can make arrangements for money to be held in Trust for your Guardians and also the children.