b. Execution (signing) by the attorney

b. Execution (signing) by the attorney

Naturally an attorney has to sign the EPA to indicate his/her consent to act as an attorney.  He/She “must sign in the presence of a witness”, where the witness “must sign the instrument and provide his or her full name and address in the instrument” (sections 3(2) and 3(3) of the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong)).

Basically anybody can witness the attorney’s signature, except that:  

1. the donor cannot witness the signature of the attorney; and
2. in the case where there is more than one attorney, one attorney cannot witness the signature of another attorney.

(section 3(4) of the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong))