If future incapacity could disrupt financial management, discuss an enduring power of attorney while you can decide clearly. Consider whom to trust and which affairs need attention, then obtain professional help to translate those wishes into an appropriate legal instrument.
Evidence to keep
Before you start
A Hong Kong enduring power of attorney allows a mentally capable donor to appoint an attorney for property and financial affairs, with authority that can endure later mental incapacity. It is not a blanket family permission for all medical or personal-care decisions. Execution requires the prescribed form and solicitor and registered-medical-practitioner requirements. High Court registration is a separate process; informal signatures witnessed only by relatives are not a substitute.
What to do, step by step
- The donor should identify who should handle which affairs, such as accounts, property expenses or investment administration, and any desired restrictions. Family members can organise information while preserving the donor's own decision. Tell professionals about cognitive or communication difficulties so the donor's understanding and wishes can be assessed appropriately rather than answered entirely by relatives.
- Meet a practising solicitor to discuss the current form, attorney eligibility, multiple-attorney arrangements, conflicts and commencement terms. Ask about legal fees and the medical assessment arrangement and bring a relevant financial inventory. A foreign form with a Hong Kong address inserted is not a reliable way to satisfy local execution requirements.
- Arrange the execution sequence with the professionals: the donor and solicitor must sign at the same time as the registered medical practitioner, or within 28 days after the practitioner signs. Do not have the donor and solicitor sign first and add the medical signature later. Check dates, witnesses, attorney acceptance and attachments, understand the powers before signing and preserve the instrument and controlled copies securely.
- Separately check when registration is required, who applies and the notice and evidence documents. From 6 July 2026, every applicant, whether legally represented or unrepresented, must book through the High Court Registry e-Appointment System before attending the Registry to apply for EPA registration. Prepare the Judiciary checklist. Later use must follow the instrument, registration and bank requirements, with transaction and expense accounts.
Costs, timing, and things to check
If the person has already lost the required capacity, a newly signed EPA cannot simply repair the financial difficulty. Obtain advice about suitable guardianship or court property-management arrangements. Knowing passwords, sharing an address or being the main carer does not itself establish formal authority over the person's affairs.
Execution, registration and institutional acceptance involve different requirements, so retain the solicitor's written instructions. For overseas assets, check the relevant jurisdiction and institution. Do not extend the Hong Kong instrument's financial function into assumptions about every foreign account or healthcare decision without the appropriate legal and institutional confirmation.
A practical example
An older adult who can still decide clearly wants a daughter to manage rent and banking if needed. They list powers and restrictions and ask a solicitor about appointment, medical execution and registration. Healthcare wishes are discussed through the appropriate separate arrangements rather than treating the financial instrument as advance consent to every treatment.
Let the capable donor choose, then execute, preserve and arrange registration properly.
Official information and enquiries
These are the reference and service entry points for this guide. Check current fees, eligibility, and schedules with the authority. The preparation date is not each source's official update date.
- DoJ: nature and execution of enduring powers of attorney
- Judiciary: registration of an enduring power of attorney
This is general information; an individual dispute depends on the facts, documents, and current law.