At Yip, Tse & Tang, we offer expert legal services for drafting and executing both General and Special Powers of Attorney. A General Power of Attorney allows you to appoint someone to manage your affairs broadly, while a Special Power of Attorney grants authority for specific tasks, such as managing property or handling a particular transaction. Our experienced team ensures that your Power of Attorney documents are tailored to meet your needs, legally sound, and properly executed, providing you with peace of mind and control over your matters.


FAQs on General Power of Attorney and Special Power of Attorney in Hong Kong

1. What is a General Power of Attorney?
A General Power of Attorney (GPA) allows you to appoint someone (known as an "agent") to manage a wide range of legal and financial matters on your behalf. This includes tasks like handling property transactions, managing bank accounts, and making legal decisions. For example, a GPA might allow your agent to sell a property, pay utility bills, or sign contracts on your behalf.


2. What is a Special Power of Attorney?
A Special Power of Attorney (SPA) is more limited in scope, giving your agent authority to carry out a specific task or purpose. For example, you may grant an SPA to someone to sell a particular property or to handle a specific transaction. Once the task is completed, the SPA automatically expires.


3. When would I need a General Power of Attorney?
A GPA is ideal if you are unable to manage your affairs due to reasons like extended travel, illness, or being out of the country. For example, if you are moving overseas temporarily and need someone to manage rental properties or pay bills in Hong Kong, a GPA is a suitable solution.


4. When should I consider using a Special Power of Attorney?
You should use an SPA when you need someone to handle a particular matter for you, such as completing a real estate sale or signing documents related to a specific business transaction. An SPA is perfect for situations where you want to limit the agent's authority to a specific scope.


5. Can a General or Special Power of Attorney be used for overseas matters?
Yes, both GPAs and SPAs can be used for matters outside of Hong Kong. However, they may need to be notarized or legalized with an apostille to be accepted by foreign authorities. For instance, if your agent needs to handle property in the United Kingdom, you may need to go through additional legal formalities to validate the power of attorney in that jurisdiction.


6. How long does it take to draft a General or Special Power of Attorney?
The drafting process usually takes a few days, depending on the complexity of the tasks to be granted. At Yip, Tse & Tang, our legal team will ensure that the document is accurately tailored to your specific needs.


7. Can a General Power of Attorney be revoked?
Yes, a GPA can be revoked at any time as long as you still have the legal capacity to do so. For example, you can draft a formal revocation document to cancel the authority you have granted. It’s essential to inform your appointed agent and any relevant parties of this revocation to avoid confusion.


8. How is a Special Power of Attorney terminated?
An SPA automatically terminates once the specific task for which it was created is completed. For example, once a property sale is finalized, the SPA ends. It can also be revoked earlier if you decide to cancel it, by providing written notice to the agent. Besides, the SPA terminates when the principal died.


9. What information is required to prepare a Power of Attorney?
To prepare a GPA or SPA, the following information is generally required:

  • Full names and identification details of both the principal (the person granting authority) and the agent.
  • Description of the powers to be granted, such as "authority to sell Property XYZ."
  • For an SPA, details about the specific task to be undertaken must be provided.
  • Your lawyer will guide you through any specific requirements, ensuring that all the necessary information is included.


10. Is it necessary to have a lawyer draft my Power of Attorney?
While it is not a strict legal requirement, having a lawyer draft your Power of Attorney ensures that it is legally sound and complies with Hong Kong law. This reduces the risk of misunderstandings or disputes later on. A lawyer can also provide essential guidance, such as adding specific clauses to limit or clarify the powers being granted.


11. Can I appoint more than one person in a Power of Attorney?
Yes, you can appoint more than one person as an agent. For example, you can specify that the agents must act jointly (together) on any matters, or independently (each can make decisions on their own). This flexibility allows you to decide how decisions are to be made on your behalf.


12. Do I need to be present for the signing of the Power of Attorney?
Yes, you need to be present when signing the Power of Attorney, as it must be executed in front of a witness, such as a lawyer, to be considered valid and enforceable. The witness ensures that the document was signed voluntarily and without undue influence.


13. How do I contact you for help with a General or Special Power of Attorney?
You can reach out to our legal team at Yip, Tse & Tang through our website or by calling our office. We will guide you through the process, making sure that your Power of Attorney is properly drafted and executed to meet your specific needs.


14. Can a Power of Attorney be used for making healthcare decisions?
In Hong Kong, Powers of Attorney do not generally cover medical or healthcare decisions. For managing personal or healthcare matters in case of future incapacity, you would need an Enduring Power of Attorney (EPA), which is specifically designed for these situations.

Power of Attorney: General and Special

Hong Kong residents with real properties in Hong Kong should prepare a Power of Attorney (POA) when migrating to England or other countries to ensure that their property can be managed smoothly in their absence. A POA allows them to appoint a trusted person to handle property-related matters, such as paying bills, managing rentals, or selling the property if needed. This is especially important because being abroad may make it difficult to deal with legal or financial issues that require presence in Hong Kong, and a POA ensures that their interests are protected and managed efficiently.

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