| Course Details |
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| (Webinar via Zoom) Mental Incapacity and Enduring Power of Attorney |
| Date: |
14 October 2025 (Tuesday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
(3 CPD Points being applied for - The Law Society of HK) |
| Ref: |
L25OT28 |
| Venue: |
Webinar Course
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Presenter's Biography:
Billyadvises on all aspects of family law including, but not limited to, divorce and separation, nuptial agreements, children custody, and complex financial disputes with substantial assets. He also focuses on cases involving complex asset holding structures and trusts, and advises wives, husbands and unmarried partners as well as other relevant parties, such as the grandparents on Wardship cases. Billy has advised clients who have international interests and has worked on a number of cases involving cross-jurisdictional issues.
Billy also has a particular interest in international mental capacity issues and has advised Committees and applicants under the Mental Health Ordinance (Cap 136) and the Enduring Powers of Attorney Ordinance (Cap 501).
Billy strives to make sure his clients get the very best integrated legal advice by often referring to local and international authorities. Recognizing the stress that his clients are going through, he adopts a pragmatic and sensible approach in all his cases, whilst responding to his clients' needs as timely as possible. Billy ensures clear lines of communication, ensuring information is shared openly to maximize efficiency.
Billy is a new generation of divorce lawyers and a strong believer that in this day and age, the term "family law" is no longer limited to divorce but also includes other areas such as guardianship and maintenance claims by certain qualified individuals.
When it comes to Elder Law, Billy acted for the Plaintiff in Re: FSF HCMP 776/2019, [2019] HKCFI 3089 and another related case, in seeking for "accounts and records" against the attorney under an Enduring Power of Attorney. The cases set out the rights of an "interested party" on one hand and the Attorney's obligations on the other.
Billy has contributed to a number of articles on family law for legal publications, such as The Hong Kong Lawyer and STEP Journal, and has conducted seminars focusing on family law. He is also a qualified collaborative practitioner and is a member of the Hong Kong Family Law Association.
Billy is recognised for Family/Matrimonial in Chambers HNW 2024-2025. From 2019 to 2022 and 2024, Billy is recognised as a Recommended Lawyer in Doyle's Hong Kong Family & Divorce Lawyers Ranking.
Deirdre focuses on trust and succession planning, and advises high-net-worth individuals and institutional trustees on wealth protection structuring as well as the importance of planning for incapacity. She also advises on taxation in Hong Kong for individuals and family investment holding vehicles, and related planning opportunities. She has also advised corporations on the set up of employee share trusts.
Deirdre was recognized as an 'up and coming' private wealth practitioner in Chambers' HNW Guide from 2021 to 2023, earned a Band 3 ranking in 2024 and 2025. She has been recommended as a pre-eminent private client lawyer and a highly regarded practitioner in Mainland China, Hong Kong SAR and Macao SAR in Who's Who Legal. Furthermore, she has been recognised in Legal 500 Asia-Pacific 2019-2023; Citywealth's 2019 Powerwomen List, Citywealth's 2019-2024 Leading Private Client Lawyers list and Citywealth's 2024-2025 Leaders List. She has also been recognised as a 'leading talent of foreign-related lawyers in Guangzhou' in 2024 by the Guangzhou Lawyers Association.
She passed the STEP diploma on International Trust Management with Distinction in 2014. She was a Lecturer for the University of Hong Kong, Department on Professional Legal Education, on the Trust and Estate module from 2019 to 2023. She is qualified in England & Wales, Hong Kong and the Greater Bay Area of China.
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Objective:
This 3-hour seminar will examine the issue of incapacity in Hong Kong and enhance the audience's understanding of why preliminary planning is important. The first half of the seminar will examine the issues which would arise without preliminary planning, including applications under Part II Committee under the Mental Health Ordinance (Cap 136). The seminar will then discuss all the requirements of an Enduring Power of Attorney, how it works, extent of the potential powers granted to the 'attorney' and also compare and discuss the differences between an Enduring Power of Attorney and other wealth planning tools, such as a Will and a discretionary trust. Recent case law relating to capacity issues and financial affairs will also be examined.
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Outline:
- What is incapacity? How is it assessed?
- What are the issues facing a mentally incapacitated person and the applications which may be required without planning including guardianship and Part II Committee applications?
- What is an Enduring Power of Attorney?
- Who needs an Enduring Power of Attorney?
- How is it different from a Power of Attorney?
- What are the legal requirements of an Enduring Power of Attorney?
- When does an Enduring Power of Attorney come into effect?
- What duties does the attorney have and to whom are they owe to?
- Why and when should an Enduring Power of Attorney be registered at Court?
- Can an Enduring Power of Attorney be revoked?
- What is the difference between an Enduring Power of Attorney and a Will?
- What is the difference between an Enduring Power of Attorney and a Part II Committee set up under the Mental Health Ordinance (Cap 136)?
- Brief discussion on the new Advance Medical Directive (AMD)
- Case studies
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| Category: |
Others |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2025; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2025.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in Central. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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