The Law Reform Commission is seeking public views on proposals to extend the scope of an enduring power of attorney (EPA) to include decisions on the donor's personal care.

Commission secretary Stuart Stoker said personal care for these purposes should include everyday decisions on the donor's healthcare, but not decisions involving the giving or refusing of life-sustaining treatment.

The commission suggests personal-care decisions which an attorney can make under an enduring power of attorney should include:

* where the donor lives;

* who the donor lives with;

* whether the donor works and, if they do, where and how the donor works;

* what education or training the donor gets;

* whether the donor applies for a licence or permit;

* the donor's daily dress and diet;

* whether to consent to a forensic examination of the donor;

* whether the donor will go on holiday and where; and,

* legal matters relating to the donor's personal care.

Exclusions

The commission proposed statutorily excluding the following decisions from the scope of an EPA:

* making, varying or revoking the donor's will;

* making an EPA for the donor; 

* exercising the donor's right to vote in an election or referendum;

* consenting to the adoption of a child of the donor who is under 18;

* consenting to the marriage of the donor;

* removal of non-regenerative tissue from the donor while alive for donation to someone else; and,

* sterilisation of the donor if the donor is, or is reasonably likely to be, fertile.

Statutory duty

The commission also recommends there should be a statutory duty imposed on an EPA attorney to act in the donor's best interests and that powers of supervision of an EPA attorney should be given to the court and to the Guardianship Board.

An EPA made in a jurisdiction other than Hong Kong should be recognised in Hong Kong if:

* it complies with the Hong Kong execution requirements (though witnessed by a solicitor or doctor registered in the other jurisdiction, rather than Hong Kong); or,

* it complies with the enduring power of attorney requirements of that jurisdiction.