Enduring Powers in Hong Kong and Singapore: A Tale of Two Cities

Abstract

Due to low birth rate and improved life expectancy, Hong Kong and Singapore are facing an imminent need to enhance the tools available for individuals to make plans for the management of their affairs when they no longer have the mental capacity to do so. One of these tools is the durable power, which has the advantages of being relatively informal and affordable. In Hong Kong, there is limited uptake of durable powers, which is due in great part to antiquated law and lack of public promotion. This contrasts sharply with Singapore, even though cultural practices and values in both places are similar. This Article examines durable power legislation and administration in Hong Kong and Singapore to identify the reasons for their dramatic differences. It argues that an adequate legal framework and rigorous public awareness campaign can significantly overcome the cultural inertia that surrounds durable power establishment. Although the focus is on Singapore and Hong Kong, this Article’s observations are directly relevant to any jurisdiction that intends to promote the uptake of durable powers amongst its Chinese population and other ethnic groups with similar cultural values.