Succession and Estate
The growth of the aging population in Hong Kong is making people more aware of the issue of elderly care, property management and retirement planning. There are increasing concern about the legal aspects of succession, estate planning as well as estate management and increasing need for advance documents of end-of-life care, which are Will, Enduring Power of Attorney, Advance Directive and Advance Care Plan.
When one is still mentally sound, he or she might contemplate preparing a Will as well as an Enduring Power of Attorney. The Enduring Power of Attorney Ordinance, Cap. 501 was enacted in 1997. An Enduring Power of Attorney is an instrument by a maker to appoint another person of the maker’s choice, while still mentally capable, to manage financial affairs specified by the maker, in the event that the maker subsequently loses mental capacity. A Will, an Enduring Power of Attorney, together with Advance Directive and Advance Care Planning could be made at the time when one is mentally capable.
Once a person loses his or her mental capacity and the ability to manage his or her financial matters, a Guardianship Order or an order under Part II of the Mental Health Ordinance, Cap. 136 could be obtained by the family members so that the assets of the mentally incapacitated could be utilized for his or her cares and needs.
We also assist clients in their application of probate or letter of administration and advise on the administration and distribution of local and cross-jurisdiction estates.
The team is led by the former chairperson of the Guardianship Board.