Living Will

I want to setup a living will, but will it be enforceable or applicable in Hong Kong?


What are the requirements? Can i just draft one up on my own or do i have to go through the lawyers or can a solicitor do it.


if i do it on my own, does it need to be signed by 2 witnesses, and have it notarized?


what else do i need to know ?

A living will in HK does not have full legal status. There have been consultations and reports; this is as it currently stands:

http://www.hkreform.gov.hk/en/publications/rdecision.htm


The Hospital Authority does state in its guidelines on life-sustaining treatment that:


"When the patient has lost capacity to decide, a valid advance directive refusing

life-sustaining treatment should be respected."


If you have one drawn up, one witness should be a qualified medical doctor and keep a copy of it with your GP.

thanks.so it means i can do away with a lawyer notarizing it?

I say not as it is not a legally binding document, unlike a Last Will & Testament. Although I'm sure you would be able to find a notary who would be happy to do it for a fee.

Claire, are health care powers of attorney recognized in Hong Kong? Though I'm not a HK lawyer, in the USA I would never recommend a Living Will to a client, I always recommend a HCPOA (fundamentally just a specialized durable POA) because it gives flexibility to adjust care according to circumstances. But if HCPOA is not available, LW does fill the gap I suppose.

Mei> From the report:

"An enduring power of attorney can only confer on the attorney authority to act in relation to the property and financial affairs of the donor and must specify the particular matters, property or affairs in relation to which the attorney has authority to act. An enduring power of attorney is of no avail in relation to consent to medical treatment. "


What is being considered in HK is "advance directives" with a third party nominated in the case of incapacity. Currently in law no one has an automatic right to make decisions on behalf of another adult, no matter how closely the two are related - many people don't realise this and too often a doctor will do as a family wants even though a decision-maker for an adult with impaired decision-making capacity must be legally authorised to act on behalf of the other person before the decision-maker's decisions have any legal force.


The government is being a bit wishy-washy about this, preferring to build community awareness and acceptance - even though advance directives would not likely be mandatory. Doctors want a legal footing because it's all well and good having an advance directive written out, but what happens if the family decides it is against it.


It's a damn big loophole which should really be brought into the 21st century. OK, yes there are cultural considerations but surely the rights of the individual to refuse medical treatments should entitle the Government to make advance directives legally binding. OK, that's me off my soapbox for now...

Yah, Claire, it's dicey but hopefully the document itself -- no matter what form it takes -- can give some moral weight to / evidence of the person's wishes which, hopefully, the family and medical establishment can be induced to accept. Before my jurisdiction had any legislation on this subject, some terminally ill patients were putting notarized letters in their medical files so that their doctor would have something to use in discussions with the family. As a person who has gone through some of this personally with a dying relative, I can attest that it is also a hard switch, emotionally and advocacy wise, to know switch from being an advocate to for preserving life and battling for the best life saving treatment, to knowing when to let go. We family get so focused on doing all we can for a person, it can be a jolt (or an about face) and a very difficult transition, emotionally, to realize that "best" is now to do less or even nothing.


Molly, sorry no advice. It could be legitimate, it could be criminal, or somewhere in between. Who took care of her and for how long? Is there any other evidence of your mother's intent besides your sister's word? What does your brother say? How much? Were the funds used for her care?

PS MOlly, don't answer those questions, they were for you to think about only. Your solicitor is the person who can answer your questions, but the questions I raised might be relevant in assessing how to act next.