Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 17

Protection against disclaimer by attorney

The following applies in relation to the disclaimer by the attorney under an
enduring power-

   (a)  where the donor is mentally incapable or where the enduring  power is
        registered, a disclaimer by the attorney does not revoke the power
        unless on application made for that purpose by the attorney, the court
        confirms that the power is revoked by the disclaimer;

   (b)  the court may confirm, under paragraph (a), that a power is revoked by
        a disclaimer where it is satisfied that the attorney has done whatever
        is necessary in law to effect a revocation of a power of attorney by a
        disclaimer; and

   (c)  where the donor is mentally capable and the instrument creating the
        enduring power is not registered, a disclaimer by the attorney has the
        same effect as a disclaimer has in relation to a power of attorney at
        common law.