Enduring Power of Attorney

Revocation

Section 13 of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) expressly allows a donor to revoke an EPA:

  • when the donor is mentally capable; or 
  • if the donor recovers from his/her mentally incapacity, makes an application to the Court for the revocation and the Court makes an order confirming the revocation.

Apart from the revocation as initiated by the donor, there are other circumstances which may render an EPA automatically revoked:

  • on the bankruptcy of the attorney(s);
  • on the death of the attorney(s);
  • on the bankruptcy of the donor;
  • on the death of the donor;
  • if the Court makes an order to revoke an EPA or to remove the attorney. These sections will be triggered when the Court finds an EPA defective, or when it finds the attorney acting in breach of his/her duties; or
  • on the appointment of a committee under Part II of the Mental Health Ordinance (Cap.136 of the Laws of Hong Kong).