a. An individual as the attorney
There are some basic requirements that must be met by a person intending to become an attorney. Section 6(a)of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) provides that an attorney has to be an individual who “has attained the age of 18 years and is not bankrupt or mentally incapable” at the time when he/she executes the EPA.
Some further points to note are that the attorney cannot be:
- the registered medical practitioner or the solicitor witnessing the signing of the instrument creating the EPA;
- the spouse of the registered medical practitioner or the solicitor; or
- a person related by blood or marriage to the registered medical practitioner or the solicitor.
This serves to safeguard the conflict of role between the attorney and the medical practitioner/solicitor and the possibility that the registered medical practitioner or the solicitor may exercise undue influence on the donor.
Other than the above, a donor is basically free to appoint whoever he/she likes to be his/her attorney under the EPA.