Leaving Peace of Mind for Your Family — How an "Enduring Power of Attorney" Can Ease Your Worries

Author: Rendy Ng

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As we grow older, we all hope to plan ahead and make the best preparations for ourselves and our families. Setting up an "Enduring Power of Attorney" (EPOA) is an effective way to manage your finances and property. An Enduring Power of Attorney is a legally binding document that allows you to appoint someone to manage your property and financial affairs in Hong Kong on your behalf. Even if you should later lose mental capacity due to illness or accident, the power of attorney will remain valid. This article provides a brief overview of how you can use an Enduring Power of Attorney to bring protection to yourself and your family.

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What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document established under Hong Kong's Enduring Powers of Attorney Ordinance (Cap. 501). Unlike a general power of attorney (which becomes invalid once the donor loses mental capacity), an Enduring Power of Attorney remains valid even after the donor has lost mental capacity. This makes it an important tool for anyone who wishes to ensure the continuous management of their financial and property affairs in Hong Kong.

An Enduring Power of Attorney allows you to appoint a trusted attorney (the person you choose to act on your behalf), who may be a close relative, partner, or trustee. By setting up an Enduring Power of Attorney, you can ensure that your property, bank accounts, investments, and other assets in Hong Kong are managed seamlessly, without needing to go through court proceedings or wait for the execution of a will, thereby avoiding delays.

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Distinguishing an Enduring Power of Attorney from a Will: UnderstandingTheir Different Roles

An Enduring Power of Attorney is a legal document that takes effect during your lifetime, allowing you to appoint a trusted attorney to manage your financial and property affairs when you are mentally incapacitated or unable to handle them yourself.

In contrast, a will only takes effect after your death, and governs how your assets are distributed to beneficiaries.

While a will is essential for planning the distribution of your assets after death, an Enduring Power of Attorney is indispensable for protecting and managing your financial interests during your lifetime — it gives you peace of mind and prevents any interruption in the handling of your affairs. Together, these two documents form a comprehensive plan that safeguards your assets and ensures your wishes are respected both during your lifetime and after your death.

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Requirements for Setting Up an Enduring Power of Attorney

• Mental capacity to act: The donor must have mental capacity at the time the Enduring Power of Attorney is set up. This means you must fully understand the nature and consequences of granting such powers.
• Certification by professionals: The Enduring Power of Attorney must be signed in the presence of a Hong Kong registered solicitor and a Hong Kong registered medical practitioner, both of whom must certify that the donor understands the effect of the Enduring Power of Attorney and is acting voluntarily.
• Registration requirement: For it to take effect, the Enduring Power of Attorney must be registered with the High Court of Hong Kong. This ensures that the document is legally recognised and enforceable.

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The Important Role of the Doctor

Your doctor plays an indispensable role in the process of setting up an Enduring Power of Attorney. To ensure that the donor meets the legal qualifications for granting the power of attorney, the doctor must conduct a mental capacity assessment of the donor to confirm whether they possess sufficient mental capacity to make the relevant decisions.

During the signing process, the doctor will meet with you in person to confirm that you are able to understand the nature and effect of the Enduring Power of Attorney and that you are granting the power voluntarily. You may choose to sign the Enduring Power of Attorney before the solicitor at the same time as signing before the registered medical practitioner; alternatively, you may first sign before the registered medical practitioner, and then sign before the solicitor within 28 days starting from the following day.

One-Stop Witnessing and House-Call Service

We understand the hardship that travel can pose for the elderly and those in poor health. For this reason, our solicitors can visit clinics in person to coordinate with your attending physician and jointly witness the signing of your Enduring Power of Attorney. If you or your family members are unable to go out due to health conditions, we also offer a house-call witnessing service, so that you can complete all the necessary procedures with peace of mind in the comfort of your own familiar surroundings, without ever having to leave home.

We can also, as needed, recommend a list of doctors familiar with handling Enduring Powers of Attorney, including geriatricians and psychiatrists, to help clients arrange a suitable medical assessment. To save you the time and effort of travelling between the offices of different professionals, we will, wherever possible, coordinate the solicitor and doctor to complete the assessment and signing procedures on the same day, making the entire process smoother and more convenient.

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Overseas Residents May Also Set Up an Enduring Power of Attorney

If you currently reside overseas but hold property, bank accounts, investments, or other assets in Hong Kong, and wish to make early and proper arrangements for these property and financial matters so that they can still be managed smoothly if the need arises in future, you may still consider setting up an Enduring Power of Attorney. For those who reside abroad long-term or are unable to return to Hong Kong in person to handle the documentation, making arrangements in advance can help reduce the inconvenience and delay that may otherwise arise from future changes in health or other unforeseen circumstances.

Our partner medical team and the solicitors of this firm can, depending on individual circumstances, arrange to travel to overseas locations to provide assistance — including the United States, Canada, the United Kingdom, Australia, and various countries and regions across Asia — to help different clients complete the signing of their Enduring Power of Attorney, so as to offer convenience to clients based overseas wherever practicable.

Learn More

If you have any questions about setting up an Enduring Power of Attorney, please feel free to contact our team at any time. We are happy to provide you with preliminary legal advice and, where necessary, assist with referrals to suitable medical professionals for assessment, so that you and your family can enjoy true peace of mind.

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Disclaimer: Nothing herein shall be interpreted as legal advice to any person. Readers are encouraged to consult their legal representatives for independent advice. The information provided is based on overall observations and the experience of the practitioners of the firm at the time of writing. The content may change without prior notification depending on changes in the law. If there are two versions of the article in different languages, the English version will prevail in case of discrepancies.

About Us:

Rendy Ng Law Firm is a law firm based in Hong Kong, providing a full range of commercial legal services for all sectors, with particular focus on supporting professionals and businesses in the medical and veterinary, consumer goods and retail and entertainment industries to achieve sustainable success. By combining legal guidance with understanding of business practicalities, we ensure that our clients receive support tailored to their business goals and individual needs. Please feel free to reach out to our team should you have any questions about our services.

For enquiries, please contact us at:

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