Enduring Power of Attorney (EPA) in Hong Kong

In Hong Kong, an Enduring Power of Attorney (EPA) must be signed before one registered medical practitioner and one solicitor. These two professionals act as witnesses to ensure that the donor (the person granting the EPA) has the necessary mental capacity and fully understands the legal implications of the document.

Role of the Doctor

• Certifying mental capacity: The doctor must be satisfied that the donor understands the nature and effect of the Enduring Power of Attorney at the time of signing.
• Signing the prescribed form: The doctor signs the official EPA form to confirm that the donor is mentally competent.
• No specialist requirement: The witness doctor does not have to be a psychiatrist or neurologist — any registered medical practitioner in Hong Kong may act as the medical witness.

How to Execute an Enduring Power of Attorney

• Signing together: Ideally, the donor, the doctor, and the solicitor should be present together to complete the signing in one meeting.
• Signing separately: The donor may first sign before the doctor, and then sign before the solicitor within 28 days. The document will only become legally effective when both the doctor and solicitor have signed.

Important Legal Notes

• The attorney cannot act as a witness: The appointed attorney — or the attorney’s spouse or relative — cannot serve as a witness for the EPA.
• Ensuring legal validity: The involvement of both a doctor and a solicitor as witnesses ensures that the document complies with Hong Kong law and reduces the risk of future legal disputes.

An Enduring Power of Attorney is a powerful legal tool that protects your interests should you lose mental capacity in the future. Consulting a qualified solicitor ensures your EPA is properly executed and legally sound under Hong Kong law.