A doctor should no longer be required to act as witness when someone signs over control of their interests to another person, the Law Reform Commission has proposed.
In a report released yesterday, the commission also proposed that the government, Law Society and non-governmental organisations promote the use of enduring powers of attorney (EPA).
EPA is a legal instrument that allows a lawyer to act on behalf of a person handing over control of their affairs when that person becomes mentally incompetent.
The Enduring Powers of Attorney Ordinance imposes a strict requirement for the execution of an enduring power of attorney. The person handing over control of their affairs must sign a form in the presence of a solicitor and a doctor unless that person is physically unable to sign.
'Arranging for a solicitor and a doctor to convene at the same time and place would present a costs and logistical problem,' the report said.
This may be why EPA is used so rarely in Hong Kong, it added.
