Arrange Lawyer and Doctor Witnessing
Witnessing the Signing of an Enduring Power of Attorney
- The donor must sign the Enduring Power of Attorney (EPA) in the presence of a registered doctor and a Hong Kong solicitor for it to be valid.
- The donor may either:
(a) Sign the EPA simultaneously in the presence of both the registered doctor and the solicitor; or
(b) Sign the EPA first in the presence of the registered doctor, and within 28 days thereafter, sign the same EPA in the presence of the solicitor. - Please use a consistent language throughout the process. For example, if you apply for the EPA in Chinese, all information must be completed in Chinese, and the witnesses (i.e., the doctor and solicitor) must also complete all information in Chinese. Otherwise, the application might be rejected by the High Court. The same applies when using English.
- The solicitor is only responsible for witnessing the signing of the EPA and has no obligation to provide legal advice on the EPA. The solicitor does not draft the document.
- The EPA must be registered with the High Court. It can either be registered immediately or when needed. For more details, please refer to “Register Enduring Power of Attorney”.
Witnessing an Advance Medical Directive
According to the latest Advance Decision on Life-sustaining Treatment Ordinance, the requirements for witnessing an Advance Medical Directive are as follows:
Witnessing Requirements
Two Witnesses Are Required:
- First Witness: Must be a registered medical practitioner who is required to explain the nature and consequences of the directive to the person making it.
- Second Witness: Must be at least 18 years old but does not need to be a registered medical practitioner.
No Conflict of Interest
Both witnesses must not be an interested person (i.e. have any interest in the estate of the person making the Advance Medical Directive) to avoid conflicts of interest.
Registration and Filing
- The Hospital Authority system only accepts Advance Medical Directives witnessed by Hospital Authority doctors for registration.
- If the directive is not witnessed by a Hospital Authority doctor, the original directive document must be brought along for verification and use.
Fees for Lawyer and Doctor Witnessing Services
Doctor witnessing for two documents*
$2800
Doctor witnessing for one document**
$2000
Solicitor witnessing an Enduring Power of Attorney
$1800
* Includes EPA and AD
** Includes either EPA or AD
If you wish to arrange for a lawyer and doctor to witness your Advance Directive and Enduring Power of Attorney, please leave your contact information.
* Note: Referral services do not constitute an agent-principal relationship.
