Using an Enduring Power of Attorney (EPOA) for Managing Your Assets and Properties in Hong Kong: Special Initiative for Chinese Australians in Melbourne

For Chinese Australians residing in Melborne or Victoria who have assets or properties in Hong Kong (HK), creating an Enduring Power of Attorney (EPOA) is an effective way to manage your HK financial and property assets. EPOA a powerful instrument that allows you to appoint someone to act on your behalf in managing your property and financial affairs in Hong Kong, even if you lose mental capacity or the strength to do so in the future. This article provides a concise overview of how overseas clients can utilise an EPOA to manage their Hong Kong-based assets effectively.

What is an EPOA?

An EPOA is a legal document created under the Enduring Powers of Attorney Ordinance (Cap. 501) in Hong Kong. Unlike a general power of attorney, which ceases to be effective if the donor (the person granting the power) becomes mentally incapacitated, an EPOA continues to have effect even after such incapacity. This makes it an essential tool for individuals who wish to ensure the continuity of their financial and property affairs in Hong Kong.

Why is an EPOA Important for Chinese Australians?

For Chinese Australians who own assets or properties in Hong Kong, managing these assets from abroad can be challenging, especially in the event of unforeseen circumstances such as illness, advanced age, mental incapacity, or when they are no longer able to travel or are restricted from taking flights. An EPOA enables you to appoint a trusted attorney (the person you choose to act on your behalf) who can make decisions and take actions in accordance with your instructions and best interests. This person can be your next-of-kin or your partner or a trustee. By having an EPOA in place, you can ensure that your Hong Kong-based properties, bank accounts, investments, and other assets are managed seamlessly, without the need for court intervention or delays or wait for the will to be executed.

The Difference Between an EPOA and a Will: Understanding Their Roles

An EPOA is a legal document that takes effect during your lifetime, allowing you to appoint a trusted attorney to manage your financial and property affairs if you lose mental capacity or are unable to do so yourself. In contrast, a will only comes into effect after your death and governs the distribution of your assets to your beneficiaries.

The key benefit of an EPOA over a will is that it ensures the continued management of your Hong Kong-based assets while you are still alive but unable to act personally due to illness, incapacity, or other circumstances. Without an EPOA, your family or representatives would need to seek court approval to manage your assets during your lifetime, which can be a lengthy and costly process.

While a will is essential for planning the distribution of your estate after death, an EPOA is indispensable for protecting and managing your financial interests during your lifetime, providing peace of mind and avoiding disruptions to the handling of your affairs. Together, these two documents form a comprehensive plan for safeguarding your assets and ensuring your wishes are respected both during your life and after you pass away.

Requirements to Creating an EPOA

• Mental Capacity: The donor must have full mental capacity at the time of creating the EPOA. This means you must fully understand the nature and consequences of granting such powers.
• Certification by Professionals: An EPOA must be executed 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 EPOA and is acting voluntarily.
• Registration Requirement: To be effective, an EPOA must be registered with the High Court of Hong Kong. This ensures that the document is legally recognised and enforceable.

Points to Consider

• An EPOA does not cover decisions related to personal care or medical treatment. It is limited to property and financial matters.
• The attorney is under a legal duty to act in the best interests of the donor at all times.
• You may wish to include specific instructions in your EPOA to guide your attorney on how to manage particular assets or accounts.
• If you or your client are/is not physically in Hong Kong to execute the document, our firm can arrange for our Hong Kong registered lawyer and a Hong Kong registered doctor to travel to Australia to facilitate the execution process, allowing you to complete the required steps locally without the need to travel to Hong Kong.

How can I get an HK EPOA done in Melbourne / Victoria?

Understanding the unique needs of Chinese Australians, particularly seniors, we are bringing our expertise directly to you. In 2026, our firm will send a Hong Kong registered lawyer and a Hong Kong registered medical practitioner to Melbourne, Victoria, to assist with the execution of EPOAs. This is a rare opportunity to complete the process locally while ensuring full compliance with Hong Kong legal requirements. Below is a summary of how the initiative will work:

• Preparation Work Before Arrival:
  • All preparatory work will be completed before our team arrives in Melbourne. This includes gathering information, meeting with clients online to understand their wishes, drafting the EPOA, and ensuring that all necessary details are in place. Our Melbourne-based representative will coordinate with you to collect identification documents, details of your Hong Kong-based assets that you wish to include in the EPOA, and any other required information.

• In-Person Execution in Melbourne:
  • During their visit in 2026, our Hong Kong lawyer and doctor will meet with donors and their appointed attorneys to execute the EPOA.
  • The meetings can take place at your senior home or residence, ensuring maximum convenience for you.
  • Upon meeting with the donor, the lawyer and the doctor will certify that the donor understands the nature and effect of the EPOA and is acting voluntarily. Certification of mental capacity is a legal requirement under Hong Kong law.

• Registration in Hong Kong:
  
  • After the EPOA has been signed and certified, our Hong Kong lawyer will bring the document back to Hong Kong to complete the mandatory registration process at the High Court of Hong Kong. Registration is essential to make the EPOA legally effective in Hong Kong.
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• Courier of Registered EPOA:
  • Once the EPOA is registered in Hong Kong, we will courier the official document back to both the donor and the attorney. This ensures that all parties have a legally valid copy for future reference and use.

‍Benefits of This Initiative

• Convenience: Our professionals will travel to Melbourne, eliminating the need for you to visit Hong Kong to execute the EPOA.
• Compliance with Hong Kong Law: We ensure that all legal requirements are met, providing peace of mind that your EPOA will be effective and enforceable.
• Personalised Service: Our team will meet with you in person to address your specific needs and ensure the process is smooth and efficient.
• Secure Management of Assets: By creating an EPOA, you can ensure the proper handling of your Hong Kong assets even in unforeseen circumstances.
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I want to know more. Who should I contact?

To take advantage of this initiative, please contact email us at info@rknlegal.com and we will guide you through the initial steps and assist with document preparation.

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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.

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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:

P | +(852) 6033-3072 E | info@rknlegal.com W | www.rknlegal.com

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