Commencement of the EPA
According to the prescribed forms as set out in Schedule 1 and Schedule 2 to the Enduring Powers of Attorney (Prescribed Form) Regulation (Cap.501A of the Laws of Hong Kong), a donor has the option of having the EPA take effect:
- on the date it is signed before the solicitor; or
- on a later specified date; or
- upon the occurrence of a later event.
If the donor does not specify a date for an EPA’s commencement or an event to trigger its commencement, the EPA will commence upon its execution, that is, when it is duly signed before a solicitor (section 10(3) of the Enduring Powers of Attorney Ordinance (Cap.501 of the Laws of Hong Kong)). It is therefore essential for the donor to be fully aware of his/her choice for the time of commencement of the EPA.