Hong Kong’s mental capacity regime for protecting property and affairs

Richard Norridge  Partner Herbert Smith Freehills

Jade Hu  Trainee Solicitor Herbert Smith Freehills

As with many countries Hong Kong’s population is rapidly ageing. The proportion of the population aged 65 and over is projected to rise from 13% in 2011 to 30% in 2041 during which time the median age is expected to rise from 41.7 to 49.9. Life expectancies in Hong Kong are also projected to increase and unsurprisingly perhaps local studies indicate that the prevalence rate of dementia has also increased and will continue to do so over the coming years. One study in 2012 predicts that the prevalence of dementia in Hong Kong in people aged 70 years or above will increase from 103 433 in 2009 to 332 688 in 2039.

This changing demographic profile raises the need for effective and efficient long-term care and support systems for the elderly. One aspect of this is how a person’s property and affairs are protected and managed when they lose mental capacity. Whilst these issues are...

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