The Power of Attorney Affidavit is a crucial legal document used in Hong Kong when formal verification of a power of attorney arrangement is required. This document is commonly needed when dealing with high-value transactions, overseas use of the power of attorney, or when additional proof of the arrangement's validity is necessary. The affidavit must comply with Hong Kong's legal requirements and typically includes sworn statements about the donor's identity, mental capacity, and the circumstances under which the power of attorney was granted. It's particularly important in situations involving property transactions, business operations, or when dealing with foreign jurisdictions that require additional authentication of the power of attorney. The document plays a vital role in providing assurance to third parties about the legitimacy and scope of the attorney's authority.
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1. Title and Introduction: Formal title of the affidavit and introduction of the deponent (the person making the affidavit)
2. Personal Details: Full name, HKID/passport number, occupation, and address of the deponent
3. Power of Attorney Reference: Details of the Power of Attorney document being referred to, including date of execution and parties involved
4. Statement of Truth: Formal declaration that the contents of the affidavit are true to the best of the deponent's knowledge and belief
5. Verification of Identity: Confirmation of the identity of the donor/principal of the Power of Attorney
6. Declaration of Capacity: Statement confirming the mental capacity of the donor at the time of executing the Power of Attorney
7. Purpose Declaration: Statement explaining the purpose and intended use of the Power of Attorney
8. Execution Block: Space for signature, date, and details of the person administering the oath
1. Medical Opinion: Section referencing medical opinion on mental capacity, required when the affidavit relates to an Enduring Power of Attorney
2. Multiple Attorneys Declaration: Required when multiple attorneys are appointed, specifying whether they act jointly or severally
3. Property Details: Specific section detailing property matters when the Power of Attorney is primarily for property management
4. Foreign Usage Declaration: Additional declarations required when the Power of Attorney is intended for use in foreign jurisdictions
5. Revocation Statements: Declarations regarding any previous Powers of Attorney and their revocation status
1. Schedule A - Power of Attorney Document: Certified copy of the actual Power of Attorney document being referenced
2. Schedule B - Identification Documents: Copies of identification documents of the donor and attorney(s)
3. Schedule C - Medical Certificate: If applicable, medical certificate confirming mental capacity (especially for Enduring Power of Attorney)
4. Schedule D - Property Schedule: If applicable, list and details of properties covered under the Power of Attorney
5. Schedule E - Supporting Documents: Any additional supporting documents referenced in the affidavit
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