According to the Enduring Powers of Attorney Ordinance (Cap. 501), an enduring power of attorney (EPA) is a legal document that allows a person (a donor) who wishes to give his power of attorney to someone to choose and appoint one or more trusted attorney(s) to take care of his financial matters in the event that he subsequently becomes mentally incapacitated and do so while he is still mentally capable.
EPA can avoid the more expensive and potentially distressing court proceedings for the appointment of another person to look after the individual’s affairs and eases the difficulties and distress that may otherwise be suffered by the donor’s family in managing the donor’s affairs.
The donor may legally sign the EPA in the presence of both the solicitor and the registered medical practitioner at the same time, or, in the presence of the solicitor only at any time not more than 28 days after the donor has already signed it in the presence of the registered medical practitioner. The duly prepared EPA shall be brought to the High Court for registration to become effective.
The donor can assign anyone (or more than one) he trusted to be the attorney(s) to deal with the assets on his behalf, except that the attorney cannot be under the age of 18 years, bankrupt or mentally incapable. The attorney also cannot be the registered medical practitioner or the solicitor witnessing the EPA, nor the spouse of the registered medical practitioner or the solicitor witnessing the EPA, nor a person related by blood or marriage to the registered medical practitioner or the solicitor witnessing the EPA.
