About AWEsum Care

What is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) is a legal document to preserve your decision-making power, in case you ever become incapacitated. While you are still of clear mind, you can designate one or more persons to help handle your financial matters.

Through an EPA, your chosen attorney(s) can:

• Legally use your property, e.g.: using it to pay your medical bills and daily expenses
• Ensure that your financial matters will be taken care of, even while you are incapacitated

An EPA must be registered with the High Court in order to take effect. This document can help you and your family reduce unnecessary troubles, ensure that your financial arrangements align with your wishes, and prepare for the future.

Effects of not having an EPA

• If the monthly demand does not exceed HK$20,000, you can make a guardianship application to the Guardianship Board and this process takes around six to nine months.
• If the monthly demand exceeds HK$20,000, you may need to apply to the court to become a trustee of the estate. After two registered medical practitioners (including a psychiatrist) have assessed the incapacity of the donor, the High Court will appoint a guardian. This process takes one year, and during this one-year period the assets will be frozen, and all expenses will have to be borne by the relatives. Moreover, the application may not be successful, and the court generally does not hand over assets to others easily.

Looking for a solicitor?

• The donor must sign the instrument creating the enduring power before a registered medical practitioner and a solicitor, so that the Enduring Power of Attorney is executed.

• The donor must sign the instrument before the solicitor either (a) at the same time when it is signed before the registered medical practitioner or (b) at any time after that signing but before the expiry of the period of 28 days after the day on which it is so signed.

HK$7,700