Living Wills In Hong Kong: Empowering Individuals Through Enduring Power Of Attorney And Advance Directives

• Published date: 01 April 2024
• Law Firm: Withers LLP
• Author: Ms Anisha Ramanathan

In the realm of estate planning, many think it only relates to the handling of the estate after death; however, with age, there is a chance we may not have the full mental capacity to make decisions about our healthcare and finances which is why we must turn to living wills like Advance Directives (ADs) that play a crucial role in ensuring that a donor's wishes are respected, even when they are unable to communicate their choices. Alternatively, one may deter from living wills and consider Enduring Power of Attorney (EPA) to ultimately achieve a similar goal.

In Hong Kong, the use of EPAs and ADs are some of the key estate planning tools to ultimately provide donors with the means to pass control to others to handle their financial matters and reflect the donor's healthcare preferences and maintain control over their medical treatment, respectively. By carefully considering the use of these forms of estate planning, you and your families will have very little to worry about in the event you become incapacitated.

Enduring Power of Attorney

Before reaching a stage of mental incapacity, a donor may appoint an EPA as a means to handle their finances if and when they are deemed mentally unfit. This ensures your financial decisions are taken care of in accordance with the law and is being executed by a trusted attorney.

The Enduring Powers of Attorney Ordinance (Cap 501) prescribes the responsibilities...