Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 5

Mental capacity and formalities for execution of enduring power

(1) The mental capacity required for the creation of an enduring  power is
mental capacity within the meaning of section 2.

(2) In executing an enduring power, the following must be complied with-

   (a)  subject to paragraph (b), the donor must sign the instrument before a
        solicitor and a registered medical practitioner who must both be
        present at the same time and each of whom must be a person other than
        the person being appointed as the attorney, the spouse of such person
        or a person related by blood or marriage to the donor or the attorney;

   (b)  where the donor is physically incapable of signing, any other person,
        not being the attorney, the spouse of the attorney, or the spouse of
        the solicitor or the medical practitioner before whom the power is
        signed, may sign the instrument on behalf of the donor and in his
        presence and under his direction;

   (c)  the instrument must be signed by the attorney;

   (d)  the solicitor must certify-

        (i)    that the donor attended before him at the time of the execution
               of the enduring power;

        (ii)   that the donor appeared to be mentally capable (specifying in
               the certification that the donor appeared to be
               mentally capable in terms of section 2); and

        (iii)  that the instrument was signed in his presence and, where it is
               signed by the donor, that the donor acknowledged that he was
               signing it voluntarily and, where it is signed on the donor's
               behalf, that it was so signed under the direction of the donor;
               and

   (e)  the medical practitioner must certify-

        (i)    that the donor attended before him at the time of the execution
               of the enduring power;

        (ii)   that he satisfied himself that the donor was mentally capable

(specifying in the certification that he satisfied himself that the donor was
mentally capable in terms of section 2);

        (iii)  that the instrument was signed in his presence and, where it is
               signed by the donor, that the donor acknowledged that he was
               signing it voluntarily and, where it is signed on the donor's
               behalf, that it was so signed under the direction of the donor.