6. Certificates by a solicitor and a registered medical practitioner
A donor must sign the EPA in front of a registered medical practitioner and a solicitor. Further, the EPA must be signed by the donor either:
- in the presence of the solicitor and the registered medical practitioner at the same time; or
- in the presence of the solicitor at any time not more than 28 days after it is signed in the presence of the registered medical practitioner
To order to safeguard against the remote possibility that the registered medical practitioner or the solicitor may exercise undue influence on the donor, section 5(2)(aa) of the Enduring Powers of Attorney Ordinance (Cap.501of the Laws of Hong Kong) prescribes that the registered medical practitioner or the solicitor witnessing the donor's signing of the EPA:
- cannot be the attorney;
- cannot be the spouse of the attorney; and
- cannot be any person related by blood or marriage to the donor or the attorney.
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