Enduring Powers of Attorney
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8. Key advantages of an EPA

It should now be clear that an EPA would enable a person to better prepare for the possibility that he/she may in the future become subject to mental incapacity.  This is especially significant in light of the growing population of the elderly and the increasing number of cases of dementia in society.  In March 2008, the Law Reform Commission of Hong Kong published the Report on Enduring Powers of Attorney and identified the key advantages of an EPA:

(a)   it allows an individual to choose the person or persons who will look after the individual’s affairs if he becomes incapable of doing so;

(b)     it avoids expensive and potentially distressing court proceedings for the appointment of [another person] to look after the individual’s affairs;

(c)     it provides an efficient and cost-effective way of administering the individual’s property.

The Report also states that “The use of an EPA has benefits not only for the donor, but also for the donor’s family who might otherwise be faced with considerable difficulties and distress in managing his affairs.  From the wider community’s point of view, an EPA can avoid the need to apply scarce court resources unnecessarily to the management of an individual’s affairs.

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