Three Instruments of Peace Service - Enduring Power of Attorney (EPA) | Services

Three Instruments of Peace Service - Enduring Power of Attorney (EPA)

Enduring Power of Attorney - Mental Capacity Assessment

An Enduring Power of Attorney (EPA) is an important legal arrangement that allows you, while you possess the mental capacity, to appoint one or more attorneys in advance. This ensures they can manage your financial and property affairs on your behalf in the future, should you become unable to handle your own affairs due to accidents, illness, or old age.

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

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.

*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.

Relevant Services of Three Instrument of Peace:
Last Will and Testament - Mental Capacity Assessment

Advance Medical Directive - Mental Capacity Assessment

Enquiries & Appointments

Tel: 2760 3420

*Important Notes:

This assessment does not include legal services. Clients are required to arrange their own legal procedures and documents.
If you already have a lawyer and the relevant documents are prepared:
Please email the Enduring Power of Attorney to our hospital first. After review, we will inform you whether a mental capacity assessment can be arranged. For enquiries, please contact 2760 3420.
If you do not have legal assistance yet, you may contact our partner organization, ForeverGfit, for further details:
- Tel / WhatsApp: 5468 3635
- ForeverGift Website: https://www.forevergift.hk/

Evangel Hospital reserves the right to amend any of the above terms and conditions without prior notice. In case of any dispute, the decision of Evangel Hospital shall be final and conclusive.

Frequently Asked Questions

What is the difference between an Enduring Power of Attorney and a General Power of Attorney?

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

Do the doctor and lawyer need to be present at the same time when signing an Enduring Power of Attorney?

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.