Where can I obtain a Power of Attorney form in Hong Kong?

In Hong Kong, Power of Attorney (PoA) is a type of legal document in which the donor allows another person, known as the attorney, to perform certain acts of a legal or financial nature on behalf of the donor. To obtain an appropriate form of PoA, follow the steps below.

1. Ascertain the Type of Power of Attorney that is Required:
   • General Power of Attorney: This normally confers upon the attorney extensive powers in dealing with the affairs of the donor.
   • Limited Power of Attorney: This allows the attorney to act on behalf of the donor in stated undertakings or in regard to specific matters.
   • EPA means Enduring Power of Attorney: This is one that, when a donor becomes mentally incapable, remains effective.
2. Access to the Prescribed Forms:
   • EPA Forms: The Enduring Powers of Attorney (Prescribed Form) Regulation (Cap. 501A) prescribes the forms that shall be used for the making of EPAs. These forms can be accessed at the Hong Kong e-Legislation website:
     • Form 1: For appointing a single attorney.
     • Form 2: For appointing more than one attorney.
   • General and Special Power of Attorney Forms: Although no general format or special format for PoA exists, sample templates are sourced from the relevant legal channels or can be drafted by legal practitioners to suit the requirements of individuals. This must, of course, be done with the,
3. Seeking Legal Advice:
   • In view of the legal implications of a PoA, it is always strongly recommended to seek the advice of a solicitor to ensure that the document accurately expresses your intention and satisfies the requirements of the laws of Hong Kong. You can also contact a solicitor for appropriate PoA forms customized according to your requirements.
4. Execution and Registration:
   • Execution: The PoA should be executed by the donor by signing in the presence of a witness. An EPA should be further witnessed by a registered medical practitioner and a solicitor.
   • Registration There is no need to register general and special PoAs, but an EPA must be registered with the High Court of Hong Kong for it to be effective upon mental incapacity. How this is done is explained on the Hong Kong Judiciary’s website
5. Other Resources:
   • The Community Legal Information Centre (CLIC) has produced some very useful step-by-step guides to PoA, which have things to consider. These are available from their website.

In a nutshell, the steps towards getting a Power of Attorney form in Hong Kong include: attending to proper execution and registration as necessary. Such an arrangement with regard to PoA can be better done with professional legal advice.