Enduring Power of Attorney FAQ
What is an enduring power of attorney in Hong Kong?
An enduring power of attorney is a legal document that allows you to appoint someone to access your finances and make financial decisions on your behalf if you become mentally incapacitated.
What is the difference between an enduring power of attorney and a lasting power of attorney?
They are both used for the same purpose but termed differently depending on the jurisdiction. Some jurisdictions even cover your health and welfare, but not Hong Kong.
Who should I appoint in my enduring power of attorney?
You should appoint someone close to you who you trust to make financial decisions on your behalf if you become mentally incapacitated.
How do I make an enduring power of attorney?
- Identify the person you want to appoint as your attorney. 2.Make an appointment with a doctor for a mental capacity assessment and to sign your Enduring Power of Attorney.
- Make an appointment with a solicitor to confirm your mental capability and to sign the Enduring Power of Attorney.
- Arrange for your attorney to sign the Enduring Power of Attorney.
- Register the document with the High Court. We offer this process as a single service, please contact us for further details
How do I register my enduring power of attorney in Hong Kong?
Simply visit the High Court in Admiralty and submit your enduring power of attorney to the office.
Does NobleWills include the registration of the enduring power of attorney in the High Court?
NobleWills does not offer the registration of the enduring power of attorney at the High Court, however we will provide you with guidance on the registration, and the process is very simple.
When should I do an enduring power of attorney?
The earlier you do an enduring power of attorney, the better. You must be mentally capable when you sign the document. If you become mentally incapacitated, you will not be able to sign the document.
Can I do my own enduring power of attorney?
Yes, you can do your own enduring power of attorney. However, there are a lot of procedures and requirements to follow. We would therefore recommend you seek specialist advice to ensure its validity. We are very familiar with the process and can ensure that all the requirements are met.
Does NobleWills provide doctor and lawyer witnessing services?
If suitable, our service includes the arrangement for a doctor and lawyer to witness your enduring power of attorney. This will be completed in one meeting, so there is no need to visit separate offices.
What happens if I do not have an enduring power of attorney?
If you become mentally incapacitated and do not have an enduring power of attorney, your family will need to apply for a guardianship order or via the Committee for mentally incapacitated person to appoint someone to manage your finances. This is a lengthy and expensive process. It is therefore advisable to have an enduring power of attorney in place.