Enduring Power of Attorney

What is an Enduring Power of Attorney?

Birth, aging, sickness and death are said to be the inevitable elements of life. Society has become more aware of dementia in recent years, but how many of us have planned ahead for the financial, psychological and legal aspects and ramifications of the possible onset of dementia?

In light of the growing population of the elderly and an increasing number of cases of dementia in Hong Kong, the Enduring Power of Attorney (EPA) is of special significance. According to the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong), an EPA allows its donor (the person who wishes to give their power of attorney to someone), while he/she is still mentally capable, to appoint an attorney(s) to take care of the donor’s financial matters in the event that he/she subsequently becomes mentally incapacitated.

While a General Power of Attorney will cease to be effective automatically if one become mentally incapacitated, an EPA will “endure” the donor’s mental incapacity and give the attorney the power to continue the donor’s financial affairs despite such incapacity.

The laws on enduring powers of attorney are contained largely in:
Enduring Powers of Attorney Ordinance(Cap.501 of the Laws of Hong Kong); and
Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong)