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1. More than one attorney?

The only difference between the 2 prescribed forms of EPA is: Form 1 is to be used when the donor intends to appoint only one attorney, and Form 2 is to be used when the donor intends to appoint more than one attorney.  Before a donor starts filling in the right form, he/she therefore has to decide whether one or more attorney is required. 

 

Having a sole attorney will render the attorney able to react to different circumstances and make decision in a prompt manner.  In the case of multple attorneys, even if they are to act jointly and severally, one attorney may hesitate to exercise his/her power solely, lest he/she be accused of abuse of power if a dispute arises later among the attorneys.  However, this may exactly be the reason why more than one attorney is needed: they will monitor and restrain each other so as to minimize the chance of any one attorney abusing his/her authority.

 

Please note that the donor must choose whether his/her attorneys are to act jointly or jointly and severally, and delete the inappropriate option set out in the prescribed form. Otherwise, the EPA will not be valid.

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