In the last two chapters, we have introduced the Enduring Power of Attorney as a useful instrument for the management of designated financial affairs when a person is mentally incapacitated, while a will is a tool to help manage the estate of a deceased person. In fact, you can also decide in advance on the medical treatment to receive by setting up an Advance Directive in relation to medical treatment.

An Advance Directive is a legal document that enables a person, while mentally competent, to give instructions as to the refusal of life-sustaining treatment and invasive medical procedures, if he/she later becomes incompetent to make such a decision. Subject to the Common Law, an Advance Directive is legally binding if its contents are clear and the decision-maker signs his/her consent under a legally effective situation.

Advance Directive is a complicated issue. In a report published by Law Reform Commission in August 2006, the Commission argued against the hasty legalisation of Advance Directive taking into account the social background of Hong Kong. Instead, the Commission has put forward a sample form of Advance Directive, which could be used by those who wish to make decisions before they suffer from (1) terminal illness; (2) an irreversible coma; or (3) a persistent vegetative state. Life-sustaining treatment mentioned in the sample form includes artificial ventilation, CPR, artificial nutrition and tube-feeding.

In July 2010, the Hospital Authority has stipulated an Advance Directive guideline to doctors, and made slight changes to the sample form.

In December 2009, the Food and Health Bureau has released a consultation paper to gauge the public's opinions about 'proactive healthcare planning' based on the Law Reform Commission's Advance Directive. 'Proactive healthcare planning' refers to a complete plan defining the medical care and treatment one wishes to receive after a thorough discussion among doctors, patient and his family. In many developed countries, an Advance Directive would be included in such planning.

Be proactive, plan in advance. Fully utilise the different legal instruments to create a worry-free retirement!

Special Thanks: Guardianship Board

Continuous reading：

"Three Treasures for the Elderly" Treasure 2 – Will
"Three Treasures for the Elderly" Treasure 1 – Enduring Power of Attorney