Appointing Permanent and Temporary Guardians in Hong Kong

They cover two different situations. A "permanent guardian" is someone appointed to take over caring for your child after you (or the other parent/guardian) die, subject to the conditions in sections 6 and 7 of the Guardianship of Minors Ordinance (Cap. 13). A "temporary guardian" under NobleWills' Deed of Temporary Guardianship service is for something much shorter-term: giving someone the ability to care for your child while you're unexpectedly unavailable, or as a bridge until the permanent guardian can step in.

Possibly. They serve different purposes and one does not automatically replace the other.

A guardian appointed in your Will is intended to provide for your child’s care after your death, subject to the rules under the Guardianship of Minors Ordinance (Cap. 13) and the Government’s guidance on appointing a guardian.

A NobleWills Deed of Temporary Guardianship is intended for short-term situations during your lifetime, such as when you are temporarily unable to care for your child or cannot be contacted. It can also help provide arrangements while a permanent guardian is being put in place.

Whether you need both depends on your circumstances, such as your travel arrangements, custody arrangements and whether your child may need to be cared for across different countries.

If you are considering appointing a guardian, we recommend discussing both arrangements with the person you intend to appoint so they understand the role and are willing to take it on.

Not always — it depends on your circumstances at the time. Under section 7 of Guardianship of Minors Ordinance (Cap. 13), your appointed guardian automatically takes over after you die if you held a custody order right before your death, or if you were living with the child at that point and no parent or guardian is left. Outside those situations, the appointed guardian will likely need to apply to court, which decides whether and how they act — possibly alongside the surviving parent, rather than instead of them. The Labour and Welfare Bureau's notes summarise these conditions in more detail. If custody or family relationships are contested, get legal advice early.

A temporary guardian under NobleWills' Deed of Temporary Guardianship service steps in only until you (or the permanent guardian) are available again — it's meant to bridge a gap, not become an ongoing role. For more information, you can read the Deed of Temporary Guardianship FAQ.

What the guardian can actually do day-to-day, whether it be medical care, school, travel, or immigration matters, depends on the situation, and you shouldn't assume the deed will be accepted everywhere. It's worth checking with the specific school, clinic, or authority involved ahead of time.

Yes. You can name a guardian for your minor child directly in your Hong Kong Will.

Sections 6(1) and 6(2) of the Guardianship of Minors Ordinance (Cap. 13) allow a parent or existing guardian to appoint a person to act as your child’s guardian after their death.

It's useful whenever you need someone trusted to be able to care for your children for a limited period because you're suddenly unavailable. NobleWills' Hong Kong DTG service page points to real-world examples like hospitalisation, quarantine, being stuck abroad, or simply being unreachable for a while. It can also cover the gap right after a parent's death, before the permanent guardian named in the Will is able to actually step in.

It's worth being clear about what it isn't, though: a short-term planning document, not a replacement for the formal post-death guardian appointment under the Guardianship of Minors Ordinance (Cap. 13). Because every family's situation is different.

You can generally appoint any suitable person to act as your child’s guardian after your death, as mentioned in the Guardianship of Minors Ordinance (Cap. 13).

The person you appoint must accept the appointment before they can act as your child’s guardian. You should also take your child’s views into account, where practical, taking into consideration their age and understanding.

When choosing a guardian, it is important to consider their relationship with your child, where they live, and whether they are willing and able to provide long-term care. We recommend discussing your choice with them before appointing them.