1. The relevant laws
The laws on enduring powers of attorney are contained largely in the:
- Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong); and
- Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong)
The following words in section 4(1) of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) highlight the essence of an EPA: “where an individual creates an enduring power, the power is not revoked by reason of any subsequent mental incapacity of the donor”. That is to say, the power given to the attorney is going to “endure” despite any subsequent mental incapacity occurring in the donor. This also marks the key difference between an EPA and a power of attorney; an ordinary power of attorney shall be automatically revoked upon the mental incapacity of the donor.