Our Enduring Power of Attorney (EPA) service helps you plan for the future by appointing a trusted person to manage your financial affairs in the event that you become mentally incapacitated. Unlike a General Power of Attorney, an EPA remains valid even if you lose mental capacity, ensuring continuity in managing your finances. Our experienced legal team guides you through every step of the process, ensuring that the document is properly drafted and executed in compliance with the law.

FAQs on Enduring Power of Attorney in Hong Kong

1.Enduring Power of Attorney (持久授權書): What Is It and Why Is It Needed?

An Enduring Power of Attorney (EPA) allows you to appoint a trusted person to manage your financial affairs if you become mentally incapacitated due to conditions like dementia or other illnesses. Unlike a General Power of Attorney, which becomes invalid if you lose mental capacity, an EPA remains effective, ensuring that your financial matters are managed even if you can no longer make decisions yourself. This makes it an essential tool for those planning ahead for potential health issues and the challenges of aging.

2. How Much Does It Cost to Prepare a Valid Enduring Power of Attorney (持久授權書)?

The cost of preparing an EPA is higher compared to other legal documents, such as a Will or a General Power of Attorney. Legal fees for an EPA typically exceed HK$10,000. This cost includes legal advice, drafting of the document, and the mandatory attendance of both a lawyer and a registered medical practitioner during the execution of the EPA. However, an EPA is a one-time document that remains valid for a lifetime unless you decide to change your appointed attorney or if the appointed attorney passes away.

3. Why Is an EPA Important for Sickness and Aging?

While a Will takes effect upon death, an EPA is crucial for planning for the possibility of losing the ability to manage your affairs during your lifetime. For example, conditions like dementia can severely impact one’s ability to make decisions. An EPA provides peace of mind by ensuring that your financial matters are in trusted hands if you become unable to handle them yourself.

4. How Does an EPA Work?

Under the Enduring Powers of Attorney Ordinance (Cap. 501 of the Laws of Hong Kong), an EPA allows its donor (the person who creates the EPA) to appoint an attorney while still mentally capable. This appointed attorney will take care of the donor’s financial matters if the donor later becomes mentally incapacitated. Unlike a General Power of Attorney, which automatically becomes invalid if the donor loses mental capacity, an EPA “endures” through the donor’s incapacity, allowing the attorney to continue managing the donor’s financial affairs.

5. Why Is Professional Legal Assistance Required for an EPA?

Creating an EPA has significant legal implications for the donor, so it must be executed with the witnessing of a practising solicitor and a registered medical doctor. Due to its complexity, it is essential to consult a lawyer experienced in this area of law to ensure that the EPA is valid and properly drafted.

Consult Our Experienced Lawyer

For guidance on setting up an Enduring Power of Attorney, contact our experienced lawyer, Connie Cheng. For more information about EPAs, visit www.hkwills.com (About Enduring Power of Attorney in Hong Kong).

Enduring Power of Attorney

Unlike a General Power of Attorney, an EPA remains valid even if you lose mental capacity, ensuring continuity in managing your finances. 

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