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:

  • 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 is the donor has already signed it in the presence of  the registered medical practitioner. (Note: in this case the form must be signed and witnessed by the medical practitioner before it is signed again in the presence of the solicitor).

    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.
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