Wills, estates and family
Enduring power of attorney Hong Kong: how an EPA works
An enduring power of attorney (EPA) lets someone you trust run your property and finances, and it keeps working if you later lose mental capacity. You sign it before a registered medical practitioner and a solicitor, and it must be registered at the High Court once you are becoming mentally incapable.
At a glance
- Law
- Enduring Powers of Attorney Ordinance (Cap. 501)
- Signed before
- A registered medical practitioner and a solicitor
- Gap between the two signings
- Up to 28 days after the doctor signs
- Registration fee
- HK$440 at the High Court Registry
- Registration appointments
- Required by e-Appointment from 6 July 2026
An enduring power of attorney (EPA) is a legal document in which you (the donor) give someone you trust (the attorney) authority to deal with your property and financial affairs. Its point is that it keeps working if you later lose mental capacity. You make it under the Enduring Powers of Attorney Ordinance (Cap. 501), on a prescribed form, signed before a registered medical practitioner and a solicitor. It has to be made while you still have capacity.
Enduring or ordinary power of attorney
| Ordinary power of attorney | Enduring power of attorney | |
|---|---|---|
| If the donor loses mental capacity | Automatically revoked | Continues, once registered |
| Form | No prescribed EPA form | Prescribed form under the Enduring Powers of Attorney (Prescribed Form) Regulation |
| Signing | Ordinary execution rules | Before a registered medical practitioner and a solicitor |
| Registration | Not part of the EPA scheme | At the High Court when the donor is or is becoming mentally incapable |
An ordinary power of attorney suits a short, specific job, such as signing documents while you are abroad. If you are planning for old age or illness, an ordinary power of attorney stops working at the moment your family is most likely to need it.
What an EPA covers
An EPA under Cap. 501 deals with property and financial affairs, such as bank accounts, bills and investments. The prescribed form asks you to set how far the attorney’s authority goes. It is not a way to hand over decisions about medical treatment or where you live. The Department of Justice consulted in 2017 and 2018 on a continuing powers of attorney law to replace the EPA scheme and cover personal care as well. Until any new law is in force, the EPA rules below apply.
How to make an EPA
- Choose your attorney and decide what they may do. Talk to them before you sign.
- Fill in the prescribed form. It lets you name people who must be told if the attorney later applies to register the EPA.
- Sign before a registered medical practitioner. The doctor signs a certificate on the form.
- Sign again before a solicitor, who also signs a certificate. Under the Enduring Powers of Attorney (Amendment) Ordinance 2011, you and the solicitor may sign within 28 days after the doctor has signed. The Department of Justice’s EPA page explains the change.
- The attorney signs the form too.
- Keep the signed original safe and tell the attorney where it is.
The Community Legal Information Centre (CLIC) walks through each signature. Choose a solicitor practising in Hong Kong and check them with our guide to the Law Society’s Law List.
When it takes effect, and registration
An EPA is not revoked if you later become mentally incapable. That is the difference from an ordinary power of attorney. But it must be registered before the attorney can use it after that point.
- When the attorney has reason to believe you are, or are becoming, mentally incapable, they must apply to the Registrar of the High Court to register the EPA as soon as practicable.
- Once you are mentally incapable, the attorney’s power to act is suspended until the EPA is registered.
- The people you named on the form are told about the application.
- After registration, the Registry sends you a letter signed by the Registrar with the date and number of the registration.
Registration fee and appointments
The Judiciary’s page on how to register an EPA at the High Court lists a registration fee of HK$440 under the First Schedule to the High Court Fees Rules (Cap. 4D), paid at the Accounts Office in the High Court Building, 38 Queensway.
From 6 July 2026, the Judiciary requires an online appointment through its e-Appointment System to apply for EPA registration at the High Court Registry. Walk-in applications are no longer accepted, unless timeslots remain that afternoon.
Common mistakes
- Letting more than 28 days pass between the doctor’s signing and the solicitor’s.
- Relying on an ordinary power of attorney for long-term planning.
- Waiting too long. If you have already lost capacity, a doctor cannot certify you, and your family will have to use a slower court-based route instead.
- Not telling the attorney, or the people to be notified, that the EPA exists.
Getting help
You need a solicitor for the signing in any case, and you can ask the same firm about a will at the same time. Read how to instruct a solicitor, agree the fee in writing, and compare firms in our law directory.
We are not the Department of Justice or the Judiciary, and this is not legal advice.
Questions people ask
What is the difference between an enduring and an ordinary power of attorney?
An ordinary power of attorney is automatically revoked if the donor loses mental capacity, which is exactly when it is often needed. An enduring power of attorney continues in effect after the donor becomes mentally incapable, once it is registered with the High Court.
Who has to witness an enduring power of attorney in Hong Kong?
You sign twice on the prescribed form: once before a registered medical practitioner and once before a solicitor. Since the Enduring Powers of Attorney (Amendment) Ordinance 2011, you and the solicitor can sign within 28 days after the doctor has signed.
When does an EPA need to be registered?
When the attorney has reason to believe you are, or are becoming, mentally incapable, they must apply to the Registrar of the High Court as soon as practicable. Once you are mentally incapable, the attorney’s power to act is suspended until the EPA is registered.
How much does it cost to register an EPA?
The Judiciary lists a registration fee of HK$440 under the High Court Fees Rules (Cap. 4D). The doctor’s and solicitor’s charges for the signing are separate and set by them.
Can an EPA cover medical or care decisions?
An EPA under Cap. 501 deals with property and financial affairs. The Department of Justice consulted in 2017 and 2018 on a continuing powers of attorney law that would also cover personal care. Ask a solicitor about the current position before relying on an EPA for care decisions.