Services
Three Instruments of Peace Service - Enduring Power of Attorney (EPA)
According to the Enduring Powers of Attonrney Ordinance (Cap. 501) of Hong Kong,
the donor must undergo a mental capacity assessment by a registered medical practitioner. The doctor must certify that the donor has the required mental capacity, and sign the document for it to be valid.
Our doctors will conduct a one-on-one mental capacity assessment to ensure you clearly understand:
- The meaning of executing an Enduring Power of Attorney
- The scope and limits of the authority granted
- The roles and responsibilities of the appointed attorney(s)
Once the Enduring Power of Attorney is completed, the document is generally kept by the appointed attorney(s). When the donor later becomes mentally incapacitated, the attorney may submit the document to the Registrar of the High Court for registration. Once registered, the attorney can then act on behalf of the donor to handle financial matters.
Note: The donor may impose any restrictions on the powers granted to the attorney(s). This includes specifying whether the attorney has the right (or no right) to handle particular assets or financial matters, or stipulating that certain assets may only be used to meet the donor’s needs, etc.
Fee: HK$5,000
(*Excludes outpatient consultation fees. The testator must independently arrange for a lawyer to draft the relevant legal documents.)
Assessment Date & Process:
- The donor shall first arrange for a lawyer to draft the Enduring Power of Attorney (EPA). Afterwards, please bring the document to our hospital to undergo a mental capacity assessment.
- Following the assessment by our doctor, once it is confirmed that the donor understands the contents of the document and possesses the requisite mental capacity, the donor will sign the document in the presence of the doctor. Concurrently, our doctor will sign the registered medical practitioner's certificate section of the document.
- Upon completion of the doctor's signing, the donor must execute the remaining signing and witnessing procedures in the presence of a lawyer within 28 days to complete the entire process.
*Alternatively, the donor may arrange for both the registered doctor and the lawyer to be present at the same time to complete all signing procedures at once.
Relevant Services of Three Instrument of Peace:
Last Will and Testament - Mental Capacity Assessment
Advance Medical Directive - Mental Capacity Assessment
Enquiries & Appointments
Tel: 2711 5222
Frequently Asked Questions
The main difference lies in whether the authority remains valid if the donor loses mental capacity.
| Item | General Power of Attorney | Enduring Power of Attorney（EPA） |
| When donor loses mental capacity |
Authority ends immediately |
Authority continues to remain valid |
|
Suitable for |
Short-term or temporary situations | Long-term planning for future incapacity |
|
Main Purpose |
Use while donor possesses the mental capacity | To protect the donor when they can no longer manage affairs |
No, they do not need to be present simultaneously, but the signing must follow one of the following arrangements:
- Option 1: The donor, registered doctor, and lawyer are all present together to complete the signing in one session.
- Option 2: The donor first contacts a lawyer to draft the Enduring Power of Attorney (EPA). Subsequently, the donor brings the document for a mental capacity assessment by our hospital's doctor and signs it in the presence of the registered doctor first. Thereafter, the donor must complete the final signature in the presence of the lawyer within 28 days from the date of the doctor's signature.
Note:
- The date of the registered doctor's signature must be the same as or prior to that of the lawyer's signature. If the document is signed in the presence of the lawyer first and subsequently signed by the doctor, the Enduring Power of Attorney shall be invalid.
- The execution process is only completed, and the Enduring Power of Attorney officially takes effect, after the donor has completed the signature in the presence of the lawyer.
Our hospital provides a convenient medical assessment service. You only need to make a single appointment and bring the EPA document already drafted by your lawyer to our hospital. The doctor can conduct the mental capacity assessment, issue the relevant medical certificate, and immediately act as a statutory witness—all within the same consultation.
The entire assessment process is conducted in a private and comfortable environment, making it highly convenient for the elderly or individuals with busy schedules. owever, as the full execution of an Enduring Power of Attorney also requires a lawyer's signature, the donor should note that they are responsible for making their own arrangements regarding the drafting and witnessing process with their lawyer.