In the event we can no longer care for ourselves it is important to have in place a method of ensuring that those people we trust the most have the power to look out for our best interests. 

A Power of Attorney grants those people we trust the most, the power to do this.  It is the legal step that grants important powers to ensure that the care, welfare and administration of your financial and legal affairs are managed by those you most trust. 

Preparing these documents well in advance assists you and your family to prepare for your future care.  It also may avoid conflict between loved ones as you have set a clear path for your care.

Very often, a Power of Attorney is prepared for disposing a real property. This will enable you to sell the property without your physical presence. The attorney will sign the documents such as agreement and assignment for you. You must find a lawyer to prepare a Power of Attorney and handle its execution. Buyer does not accept invalid or doubtful Power of Attorney.

Legal fee of a Power of Attorney

Legal cost on preparing a power of attorney is about $1500. A simple power of attorney can be drawn up and executed on the same day. 

FAQ on Power of Attorney in Hong Kong

Frequently Asked Questions (FAQ) on Power of Attorney

General Information

Q: What is a Power of Attorney (POA)?
A: A Power of Attorney (POA) is a legal document that allows one person (the donor) to appoint another person (the attorney) to make decisions and act on their behalf in financial, legal, and property matters.

Q: Why would I need a Power of Attorney?
A: A Power of Attorney is useful if you become unable to manage your affairs due to illness, absence, or incapacity. It ensures that your financial and legal matters are handled by someone you trust.

Types of Power of Attorney

Q: What are the different types of Power of Attorney in Hong Kong?
A: In Hong Kong, there are two main types of Power of Attorney: General Power of Attorney (GPA) and Enduring Power of Attorney (EPA). GPA is usually for short-term or specific purposes, while EPA continues to be effective even if the donor becomes mentally incapacitated.

Q: What is the difference between a General Power of Attorney and an Enduring Power of Attorney?
A: A General Power of Attorney is typically used for specific or temporary purposes and becomes invalid if the donor becomes mentally incapacitated. An Enduring Power of Attorney remains valid even if the donor loses mental capacity.

Creating a Power of Attorney

Q: How do I create a Power of Attorney in Hong Kong?
A: To create a Power of Attorney, you must complete the relevant legal forms and have them signed in the presence of a solicitor. It is important to seek legal advice to ensure the document is correctly drafted and legally binding.

Q: Can I appoint more than one attorney?
A: Yes, you can appoint more than one attorney. You can specify if they must act jointly (together) or severally (independently).

Responsibilities and Limitations

Q: What powers does an attorney have under a Power of Attorney?
A: An attorney can handle financial and legal matters, such as managing bank accounts, paying bills, and handling property transactions. The extent of their powers is defined in the POA document.

Q: Are there any limitations to what an attorney can do?
A: Yes, an attorney cannot make decisions outside the scope defined in the POA document. They must act in the best interests of the donor and cannot use the POA for personal gain.

Revoking a Power of Attorney

Q: How can I revoke a Power of Attorney?
A: A Power of Attorney can be revoked at any time by the donor as long as they are mentally capable. The revocation must be done in writing and should be communicated to the attorney and any relevant third parties.

Q: What happens if the donor or attorney passes away?
A: A General Power of Attorney automatically becomes invalid if the donor or attorney passes away. For an Enduring Power of Attorney, it remains valid until the donor's death but becomes invalid upon the attorney's death.

Legal Considerations

Q: Do I need a lawyer to draft a Power of Attorney?
A: While it is not legally required to have a lawyer draft a Power of Attorney, it is highly recommended to ensure the document is correctly drafted and complies with legal requirements. Legal advice can help prevent future disputes or issues.

Q: How is a Power of Attorney registered in Hong Kong?
A: An Enduring Power of Attorney must be registered with the High Court of Hong Kong. General Powers of Attorney do not require registration but should be properly executed and stored securely.

For more information or to create a Power of Attorney, please contact our professional legal team. We are here to assist you with all your legal needs regarding Power of Attorney in Hong Kong.