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c. Execution (signing) if there is more than one attorney

If more than one attorney is appointed, the donor must use Form 2 and indicate in it whether the attorneys will be acting (i) jointly or (ii) jointly and severally (section 15 of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong)).

 

If the attorneys are to act jointly, then of course all of them have to sign the EPA to express their consent to act as attorneys.

 

If the attorneys are to act jointly and severally, then at least one of them has to sign the EPA to make it effective (section 4(1) of the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong) ). However, in the event of the registration of the EPA or the donor’s mental incapacity (whichever occurs first), only the attorney, or those attorneys, who have signed the EPA will be able to exercise the functions of an attorney (section 4(2) of the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong)).

 

If the donor does not make an express choice of whether the attorneys are to act jointly or jointly and severally, the EPA will not be valid.

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