Hong Kong Regulations

ENDURING POWERS OF ATTORNEY (PRESCRIBED FORM) REGULATION - SECT 3

Execution

(1) An instrument creating an enduring power of attorney must be signed by
both the donor and the attorney, although not necessarily at the same time, in
accordance with section 5 of the Ordinance and the requirements specified in
this section.

(2) The-

   (a)  attorney must sign in the presence of a witness, who must sign the
        instrument and provide, in the appropriate place in the instrument,
        corresponding to Part C of the Schedule, his full name and address;

   (b)  donor must not witness the signature of the attorney nor one attorney
        witness the signature of another;

   (c)  solicitor and the registered medical practitioner, who have to certify
        as to the matters specified in section 5(2)(d) and (e) of the
        Ordinance respectively, must provide, in the appropriate place in the
        instrument, corresponding to section B of Part B of the Schedule,
        their full names and addresses.

(3) Where, under section 5(2)(b) of the Ordinance, an instrument creating an
enduring power of attorney is signed under the direction of the donor, a
statement that the enduring power of attorney has been executed under the
direction of the donor must be inserted in the appropriate place in the
instrument, corresponding to section B of Part B of the Schedule.

(4) The person who signs an instrument referred to in subsection

(3) must not be the solicitor or the registered medical practitioner who gives
the certificate for the purposes of section 5(2)(d) and (e) of the Ordinance
respectively.