Power of Attorney / Enduring Power of Attorney
- General Power of Attorney
- Power of Attorney for Real Property
- Specific Power of Attorney
An enduring power of attorney (EPA) is a legal instrument which allows its donor (i.e. the person who wishes to give his/her power of attorney to someone), while he/she is still mentally capable, to appoint attorney(s) to take care of the donor’s financial matters in the event that he/she subsequently becomes mentally incapacitated.
While a general power of attorney will cease to be effective if the donor becomes mentally incapacitated, an EPA will “endure” the donor’s mental incapacity and give the attorney(s) the power to continue to take care of the donor’s financial affairs despite such incapacity. In light of a growing elderly population and an increasing number of cases of dementia in Hong Kong, the EPA is of special significance.
A donor must sign the EPA in front of a registered medical practitioner and a solicitor. Further, the EPA must be signed by the donor either:
- in the presence of the solicitor and the registered medical practitioner at the same time; or
- in the presence of the solicitor at any time not more than 28 days after it is signed in the presence of the registered medical practitioner
You may engage your family doctor to witness your execution. Alternatively, our firm can assist in referring suitable doctors to certify the mental condition of the donor when he signs the EPA.