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Court Services & Facilities > Specific Services > How to apply for registration of an Enduring Power of Attorney at the High Court

How to apply for registration of an Enduring Power of Attorney at the High Court

  • Registration of an instrument creating an Enduring Power of Attorney (“the instrument”) is made in accordance with section 9 of the Enduring Powers of Attorney Ordinance Chapter 501 (“the Ordinance”) and the Enduring Powers of Attorney (Registration) Rules, Chapter 4E (“the Rule”).
  • Pursuant to the aforesaid provisions, an application for registration of “the instrument” shall be made in writing to the Registrar of the High Court and shall comprise of the following:
    • A covering letter stating the names and addresses of (i) the Donor; and (ii) the attorney or, where applicable, each of the attorneys;
    • The original and a certified copy of “the instrument”.
  • Apart from the above, the Registrar requires the applicant(s) to submit a copy of the practicing certificates (or any documentary proof acceptable by the Registrar) of both the solicitor and the registered medical practitioner who witnessed the execution of “the instrument” by the donor. The time when “the instrument” was executed shall be within the validity period as shown in the respective practicing certificates.
  • Payment of HK$440 as prescribed under the First Schedule of the High Court Fees Rules, Chapter 4D is required. Payment has to be made at the Accounts Office, LG2, High Court Building, 38 Queensway, Hong Kong.
  • The documents aforesaid are to be lodged personally by the applicant(s) at Room LG158 (Counter 4), LG1, High Court Building, 38 Queensway, Hong Kong.
  • Upon compliance with the requirements above and with leave of the Registrar of the High Court, “the instrument” shall be registered under section 9 of “the Ordinance”.
  • After registration, the Registry shall issue a letter signed by the Registrar, informing the donor that (i) “the instrument” has been registered and (ii) the date and number of the registration.

Note

As to the execution of an enduring power of attorney, you should refer to the latest version of the Enduring Powers of Attorney Ordinance, Chapter 501 for the relevant provisions and the Enduring Powers of Attorney (Prescribed Form) Regulation, Chapter 501A for its prescribed forms at the website https://www.elegislation.gov.hk/

If you have any question, please seek legal advice from your solicitors.