Medico-legal, Financial, ACP, etc

How to plan for the future?
If your family is diagnosed with dementia, you can start to plan for the finance, legal and medical care so as to get everything ready before the condition of the patient worsens.
 
What is “Enduring Powers of Attorney”?
According to the Enduring Powers of Attorney Ordinance (Cap. 501 of the Laws of Hong Kong), an enduring power of attorney (EPA) is a legal instrument which allows its donor (i.e. the person who wishes to give his/her power of attorney to someone), while he/she is still mentally capable, to appoint attorney(s) to take care of the donor’s financial matters in the event that he/she subsequently becomes mentally incapacitated. While a general power of attorney will cease to be effective if the donor becomes mentally incapacitated, an EPA will “endure” the donor’s mental incapacity and give the attorney(s) the power to continue to take care of the donor’s financial affairs despite such incapacity. In light of a growing elderly population and an increasing number of cases of dementia in Hong Kong, the EPA is of special significance.  
Key advantages of EPA
The Law Reform Commission of Hong Kong (LRC) published a Report on Enduring Powers of Attorney in 2008 which identified the following key advantages of an EPA:
  • it allows an individual to choose the person or persons who will look after the individual’s affairs if he/she becomes incapable of doing so;
  • it avoids expensive and potentially distressing court proceedings for the appointment of another person to look after the individual’s affairs;
  • it provides an efficient and cost-effective way of administering the individual’s property; and
  • it eases the difficulties and distress that may otherwise be suffered by the donor’s family in managing the donor’s affairs.
 
For information about EPA related legislations, please browse the Bilingual Legislation System or the EPA section of the Community Legal Information Centre (CLIC) website of The University of Hong Kong.
Note: Please consult a solicitor before signing an EPA.
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Last Update: 11/8/2020