Registering an Enduring Power of Attorney (EPA)
An Enduring Power of Attorney (EPA) is a legal document that allows a donor (the person granting the power) to appoint one or more attorneys while they are mentally capable. This enables the appointed attorneys to manage the donor’s financial matters if the donor becomes mentally incapable in the future.
Witnessing the Signing of an EPA
- The donor must sign the EPA in the presence of both a registered medical practitioner and a Hong Kong solicitor for the EPA to be valid.
- The donor may:
(a) Sign the EPA in the presence of the doctor and the solicitor simultaneously; or
(b) First sign the EPA in the presence of the doctor and then, within 28 days, sign it in the presence of the solicitor. - The solicitor is responsible only for witnessing the signing of the EPA and is not obliged to provide legal advice or draft the document.
- If you wish to arrange for a solicitor and doctor to witness the signing of your EPA, please refer to the “Witnessing Service” section.
Registering an EPA
- Applicants can decide when to register the EPA. Immediate registration allows the EPA to take effect as soon as the donor becomes mentally incapable.
- However, future amendments to the EPA would require a court application.
- Alternatively, the EPA can be registered only when needed (i.e., when the donor becomes mentally incapable).
Application Procedure
To register an EPA when the donor is (or is becoming) mentally incapable, the applicant must submit a written request to the Registrar of the High Court along with the following documents:
(a)
A letter of application stating the names and addresses of the donor and the attorneys (if applicable)
(b)
The original EPA document and a certified copy
(a)
A letter of application stating the names and addresses of the donor and the attorneys (if applicable)
(b)
The original EPA document and a certified copy
Important Notes
- Language Consistency: If you use the Chinese form of the EPA, all information and documents must be completed in Chinese, and the witnesses (the solicitor and doctor) must also complete all information in Chinese. Failure to do so may result in rejection of the registration by the High Court. The same applies if the form is in English.
- Document Format Requirements: Ensure the EPA is printed single-sided. Double-sided documents may be rejected by the High Court.
Fee
In accordance with Schedule 1 of the High Court Fees Rules (Cap. 4D of the Laws of Hong Kong), applicants must pay a registration fee of HK$440 at the Accounts Office on LG2, High Court Building, 38 Queensway, Admiralty, Hong Kong.
Proof of Witness Eligibility
Applicants must also submit certified copies of the practicing certificates or other acceptable proof of validity for the medical practitioner and solicitor who witnessed the signing of the EPA.
After Registration
Once the EPA is registered, the Registrar of the High Court will issue a letter signed by the Registrar to the donor, confirming:
(i) The EPA has been registered; and
(ii) The registration date and reference number.
Download Free Booklet and Application Letter Template
