Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 8

Scope of authority, etc. of attorney under enduring power

(1) An enduring power-

   (a)  must not confer on the attorney any authority other than authority to
        act in relation to the property of the donor and his financial
        affairs;

   (b)  subject to paragraph (a), must specify, in accordance with regulations
        made under section 18, the particular matters, property or affairs in
        relation to which the attorney has authority to act.

(2) An instrument which purports to create an enduring power which does not
comply with subsection (1) cannot take effect as an enduring  power.

(3) An attorney may, subject to any conditions and restrictions contained in
the enduring power and without obtaining any consent-

   (a)  execute or exercise all or any of the trusts, powers or discretions
        vested in the donor as trustee and may, without the concurrence of any
        other person, give a valid receipt for capital or any other money
        paid;

   (b)  act under the power so as to benefit himself and other persons

(not being the donor) to the following extent, but no further-

        (i)    he may so act in relation to himself or in relation to any
               other person if the donor might be expected to provide for his
               or that person's needs respectively; and

        (ii)   he may do whatever the donor might be expected to do to meet
               those needs; and

   (c)  without prejudice to paragraph (b) and subject to subsection

(4), dispose of the property of the donor by way of gift to the following
extent, but no further-

        (i)    he may make gifts of a seasonal nature or at a time or on an
               anniversary of a birth or marriage to persons (including
               himself) who are related to or connected with the donor; and

        (ii)   he may make gifts to any charity to which the donor made or
               might be expected to make gifts.

(4) A gift under subsection (3)(c) must not be unreasonable having regard to
all the circumstances, in particular, the donor's estate.