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Elder Law Practice Group Hong Kong

Oldham, Li & Nie is the first Hong Kong law firm to set up a legal practice group specifically dedicated to Elder Law.

Through its longstanding Pro Bono and Community Work Program which has received many accolades, the firm came to recognize that older adults have a unique set of legal needs that cannot be neatly slotted into any of the traditional legal practice areas. 

While Elder Law is well established in North America and many countries in Europe, this practice area has yet to receive comparable attention from Hong Kong law firms.

With the establishment of this groundbreaking legal practice group, Oldham, Li & Nie recognises the need to assist with the distinct legal challenges that may be faced by this demographic.

For all of the above reasons, we felt it was our mission to establish an Elder Law Practice.

Every member of our Elder Law Practice Group has been hand-picked and trained for the following qualities:

  • Respect for everyone’s right to dignity and independence
  • Compassion and empathy
  • Understanding the perspectives and day-to-day issues faced by those in this demographic
  • Pragmatism, adaptability and flexibility
  • Holistic in devising legal solutions

The legal services offered by our Elder Law Practice Group include providing advice in relation to:

Organizations that render services to the elderly

  • Nursing home and home care agreements
  • Private agreements with caregivers in a private home setting
  • Advice on regulations and legislation governing the operation of nursing homes, care and attention homes, aged homes, self-care hostels and any other living quarters falling within the jurisdiction of the Residential Care Homes (Elderly Persons) Ordinance, Cap 459
  • Advice on the governance and operation of section 88 companies and NGOs dedicated to the welfare of the elderly (or other worthwhile causes) and applying for section 88 tax exempt status

Older adults and their family members

Non-contentious

  • Immigration to re-unite with adult children and their families
  • Estate planning and tax planning
  • Family business succession and corporate restructuring
  • Asset consolidation and disposal
  • Family agreements and deeds of family arrangements
  • Inter vivos gifts, gifts by will
  • Probate administration and application for special grants
  • Resealing of foreign probate grants
  • Trust set up and administration, non standard wills
  • Existing, imminent or potential loss of mental or physical capacity – Power of Attorney, Enduring Power of Attorney, Advance Care Planning, Advance Health Directives
  • Elder Law cross border issues

Contentious

  • Elder rights advocacy – financial and/or emotional exploitation of elders, physical abuse or neglect of elders
  • Committeeship under the Mental Health Ordinance, guardianship appointments
  • Applications concerning the administration of an estate or trust
  • Challenges to the substantive validity of wills and trust deeds
  • Inheritance disputes
  • Reasonable financial provision claims under the Inheritance (Provision for Family and Dependents) Ordinance
  • Domicile disputes
  • Applications relating to the forfeiture of assets, presumption of death and burial issues
  • Property trust claims concerning the beneficial ownership of properties
  • Insurance claims

Should you or your loved ones wish to have a confidential and complimentary discussion with one of our lawyers in the Elder Law Practice Group, please do not hesitate to contact Eunice Chiu at Eunice.chiu@oln-law.com.

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Elder Law Practice Group

What is an Advanced Medical Directive in Hong Kong? +

An Advanced Medical Directive is a written statement expressing a person’s wishes to refuse certain life-sustaining medical treatments in certain situations, e.g. the person is in a coma or is otherwise unable physically or mentally to instruct a doctor. Advanced Medical Directives are now formally governed and legally protected in Hong Kong under the Advance Decision on Life-sustaining Treatment Ordinance (Cap 651), which came into full effect in mid-2026.

What are the differences between an Enduring Power of Attorney, an Order appointing a Committee and a Guardianship Order in Hong Kong? +

An Enduring Power of Attorney is made while a person has mental capacity, appointing someone to manage their FINANCIAL affairs if they lose mental capacity sometime in the future.

 

A Committeeship Order is one in which the High Court appoints an appropriate person (usually a family member) to manage the PROPERTY AND FINANCIAL AFFAIRS of a mentally-incapable person under Part 2 of the Mental Health Ordinance (Cap. 136).

 

A Guardianship Order is one in which the Guardianship Board appoints a guardian for a mentally-incapable person to manage affairs pertaining to the PERSONAL WELFARE of the person (e.g. daily care, living arrangements and medical decisions).

 

The first two deal with the financial affairs of a mentally-incapable person while the last deals with affairs related to the personal welfare of a person.

 

Having an Enduring Power of Attorney in place saves the huge costs and large amount of time associated to making an application in court for a Committeeship Order.  However, the Enduring Power of Attorney is not available to a person who has already lost mental capacity.  In this day and age when human beings commonly live into their 90s or even 100s and when medical science has yet to find a way to cure dementia and other diseases that affect mental capacity, we highly recommend the preparation of an Enduring Power of Attorney when the person’s mental capacity is still intact.  Whilst the Enduring Power of Attorney does not replace the need for a Guardianship Order since the former does not deal with the personal welfare of the person while the latter does, having an Enduring Power of Attorney in place saves you one less court application especially if family dynamics are volatile and could easily turn contentious.

What is financial elder abuse and what legal remedies are available in Hong Kong? +

Financial elder abuse occurs when an older person’s assets are misappropriated through undue influence, fraud, or exploitation. Legal remedies include setting aside transactions obtained by undue influence, commencing civil actions in fraud, obtaining pre-action injunctions to freeze misappropriated assets and , making criminal complaints to the police.

Can an elderly parent living abroad join their adult children in Hong Kong? +

Yes, adult children who are Hong Kong permanent residents or citizens may sponsor an elderly parent for immigration under the Dependant Visa scheme. Eligibility depends on the sponsor’s financial means and the parent’s need for support.

What legal documents should every senior citizen in Hong Kong have in place? +

At minimum: a valid Hong Kong Will, an Enduring Power of Attorney; an Advance Care Plan or an Advanced Medical Directive; and, where relevant, a trust deed or arrangement for protecting the assets and continuing the legacy of the family.  OLN can provide a comprehensive plan covering all four elements, tailored to the individual’s family, medical and financial circumstances.

What is a Deed of Family Arrangement and when is it used in Hong Kong? +

A Deed of Family Arrangement is a legally-binding agreement among all beneficiaries of a deceased person’s estate to redistribute the assets differently from what is set out in the will or intestacy laws.  Deeds of family arrangement are commonly used for tax efficiency and where estates include cross-border assets where the Hong Kong position needs to be aligned with arrangements in other jurisdictions.

How are disputes about nursing home agreements resolved in Hong Kong? +

Nursing home and residential care agreements are governed by the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459). Disputes may be resolved through direct negotiation, complaint to the Social Welfare Department, or litigation in the civil courts.  The Ordinance protects by residents by requiring Residential (or nursing) homes and their operators to comply with certain standards set out in the Ordinance, failing which their license to operate such homes will be confiscated.   Examples of such standards include:

 

Licensing Compliance: Mandatory verification that the facility holds a valid, non-exempted license under Cap. 459 regulations, which dictate minimum floor space per resident and staffing ratios.

 

Restraint Policies: Strict contractual and legal limits regarding the use of physical or chemical restraints on residents, protecting personal dignity and autonomy.

 

Voucher Schemes: For placements under the Residential Care Service Voucher Scheme, agreements must align with designated standard service packages and co-payment tiers based on individual affordability.