Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 13

Revocation of enduring power

(Past version on 30/06/1997).

(1) An enduring power is revoked-

   (a)  if the donor revokes it when he is mentally capable, or where the
        donor becomes mentally incapable after the grant and the instrument is
        registered, if the donor revokes it after his recovery and the court
        makes an order under subsection (2) confirming the revocation;

   (b)  on the bankruptcy of the attorney;

   (c)  if a court makes an order for its revocation under section  11 (1)(b)
        or for the removal of an attorney under section 11(1)(c);

   (d)  (Repealed 81 of 1997 s. 59)

   (e)  on the appointment of a committee pursuant to Part II of the
        Mental Health Ordinance ( Cap 136), if the court gives a direction
        revoking the enduring power;

   (f)  on the death of the donor or the attorney; or

   (g)  subject to this Ordinance, on any ground on which a power of  attorney
        is revoked at common law.

(2) Where the enduring power is registered, on application made for the
purpose, by or on behalf of the donor, the court shall confirm the revocation
of the power if satisfied that the donor has done whatever is necessary in law
to effect an express revocation of the power and was mentally capable of
revoking a power of attorney when he did so.