Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 4

Enduring power to survive mental incapacity of donor

(1) Subject to this section, where an individual creates an enduring power,
the power is not revoked by reason of any subsequent mental incapacity of the
donor.

(2) If the attorney has reason to believe that the donor is or is becoming
mentally incapable he must, as soon as practicable, apply under section 9 for
registration of the instrument creating the power.

(3) In the event of the subsequent mental incapacity of the donor, the
attorney shall not do anything under the authority of the power unless or
until it is registered.

(4) So long as the authority of the attorney to act under the power is
suspended by the operation of subsection (3), section 5 of the Powers 
of Attorney Ordinance ( Cap 31) shall apply (so far as applicable) as if the
power had been revoked by the donor's mental incapacity.

(5) Notwithstanding subsections (3) and (4), where the attorney has applied
for registration of the instrument, he may, pending such registration, act
under the enduring power-

   (a)  to maintain the donor or prevent loss to his estate;

   (b)  to maintain himself or other persons in so far as section  8 (3)(b)
        permits him to do so.

(6) Where the attorney purports to act under subsection (5), then, in favour
of any person who deals with him without knowledge that the attorney is acting
otherwise than in accordance with paragraph (a) or (b) of that subsection, the
transaction between them is valid as if the attorney were acting in accordance
with that paragraph (a) or (b).