- Entitlement and access to public health care services
- Medical treatment: consent and withdrawal
- Advance Directives
- Taking care of a mentally incapacitated person: Guardianship or Committee
- Enduring Power of Attorney
- What is an Enduring Power of Attorney?
- Key advantages of an EPA
- The attorney
- Duties and liabilities of the attorney(s)
- The attorney(s)' authorities and restrictions
- How to make an EPA - using the prescribed form
- How to make an EPA - signed by the donor
- How to make an EPA - certificate by a registered medical practitioner and a solicitor
- How to make an EPA - arrangements for donor who is physically incapable
- How to make an EPA - signed by the attorney(s)
- Commencement of the EPA
- Registration of the EPA
- Notification of named persons
- Revocation
- Hypothetical cases
- Questions and answers
- Guide to prescribed forms of the Enduring Power of Attorney and downloading the forms
- Elder abuse
- Medical negligence
- Medical insurance
- Care by residential care homes for elderly persons
Enduring Power of Attorney
How to make an EPA - arrangements for donor who is physically incapable
Section 5(2)(b) of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) caters for the scenario where a donor is mentally capable, but physically incapable of signing: “if the donor is physically incapable of signing, any other person, not being the attorney, the spouse of the attorney, the registered medical practitioner or the solicitor before whom the instrument is signed or the spouse of the registered medical practitioner or the solicitor, may sign the instrument on behalf of the donor in the presence, and under the direction, of the donor.”
The person signing on the donor’s behalf cannot be:
- the attorney(s);
- the spouses of the attorney(s);
- the registered medical practitioner or the solicitor witnessing the EPA; or
- the spouse of the registered medical practitioner or the solicitor.
**The person signing on behalf of the donor must sign under the direction and in the presence of the donor. He/she must also sign in the presence of a registered medical practitioner and a solicitor.
