Enduring Powers of Attorney
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1. I realize the advantages of making an Enduring Power of Attorney to prepare for the worst.  My nephew is a practicing medical doctor.  My daughter is a lawyer in USA and she will return to Hong Kong for a holiday next week.  I will just fill in the prescribed form for an Enduring Power of Attorney and get them witness my signature.

Your nephew, being related to you by blood, cannot be the medical practitioner to certify your mental capability under the Enduring Power of Attorney.  Your daughter will also certainly express doubt as to whether she can be a witness to the Enduring Power of Attorney.  As a lawyer trained in the USA, she may not be aware of the requirement under the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong) that an Enduring Power of Attorney must be signed in the presence of a solicitor licensed to practice in Hong Kong. However, as every prudent lawyer will do, she will probably try to ascertain whether she is entitled to be a witness under an Enduring Power of Attorney.  It should not be difficult for her to find out and tell you that an Enduring Power of Attorney must be signed in front of a Hong Kong solicitor who is not related to you by blood.

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