- Entitlement and access to public health care services
- Medical treatment: consent and withdrawal
- Advance Directives
- Taking care of a mentally incapacitated person: Guardianship or Committee
- Enduring Power of Attorney
- What is an Enduring Power of Attorney?
- Key advantages of an EPA
- The attorney
- Duties and liabilities of the attorney(s)
- The attorney(s)' authorities and restrictions
- How to make an EPA - using the prescribed form
- How to make an EPA - signed by the donor
- How to make an EPA - certificate by a registered medical practitioner and a solicitor
- How to make an EPA - arrangements for donor who is physically incapable
- How to make an EPA - signed by the attorney(s)
- Commencement of the EPA
- Registration of the EPA
- Notification of named persons
- Hypothetical cases
- Questions and answers
- Guide to prescribed forms of the Enduring Power of Attorney and downloading the forms
- Elder abuse
- Medical negligence
- Medical insurance
- Care by residential care homes for elderly persons
Enduring Power of Attorney
How to make an EPA - signed by the donor
For an EPA to have legal effect, it must be “executed in the prescribed manner by the donor and the attorney”, though “not necessarily at the same time” (section 3(1)(b) of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) and section 3(1) of the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong) respectively).
A donor must sign the EPA before a registered medical practitioner and a solicitor.
The EPA must be signed by the donor either:
The definition of “execution” under section 10(3) of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) also makes it clear that an EPA remains an uncompleted and useless document unless and until the donor signs it before a solicitor. If there is a time gap between the signing before the medical practitioner and the signing before the solicitor, the EPA is not a valid enduring power of attorney during the time gap. It will not even constitute an ordinary power of attorney during such period.