1. I am getting old and I want to let my daughter take care of my financial affairs in case I become mentally incapacitated. I know that there is something called an Enduring Power of Attorney, where I can appoint my attorney to handle my financial affairs if dementia strikes me. That sounds good. So I can just write a few words making the appointment, sign it, and perhaps get a friend to witness my signature. Then that’s all there is to it, right?
No. Under the present law, an Enduring Power of Attorney must be in the prescribed form, which means the Form(s) set out in the Schedules to the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong). There are also specific requirements as to who can or cannot be the witness of your and the attorney’s signatures on an Enduring Power of Attorney. It is therefore suggested that you seek legal advice if you are serious about making an Enduring Power of Attorney.