Enduring power of attorney and advance medical directive: decide while you can
An enduring power of attorney (EPA) appoints an attorney to manage your finances should you later lose mental capacity; an advance medical directive (AMD) states your wishes on life-sustaining treatment. They serve different purposes — and are best considered together with a will.
The three instruments: three documents, three jobs
The “three instruments of peace” are a will, an enduring power of attorney and an advance medical directive. A will handles asset distribution after death; an EPA lets an attorney manage finances while you are alive but lack capacity; an AMD states your wishes on life-sustaining treatment.
| Document | What it handles | When it takes effect |
|---|---|---|
| Will | Asset distribution after death | After death |
| Enduring power of attorney (EPA) | Finances if you lose mental capacity while alive | On loss of capacity, once registered |
| Advance medical directive (AMD) | Wishes on life-sustaining treatment (e.g. terminal) | Referred to when you cannot decide |
Enduring power of attorney (EPA)
While you still have mental capacity, you appoint an attorney to manage your financial affairs should you later lose capacity. It must follow the prescribed form and be signed before a registered doctor and a solicitor (generally before the solicitor within 28 days of the doctor’s witnessing).
The scope, effect and registration follow the Enduring Powers of Attorney Ordinance and legal advice.
Advance medical directive (AMD)
An AMD states in advance whether you would refuse certain life-sustaining treatment if your condition reaches a specified stage (e.g. terminal, irreversible coma) and you cannot decide. Hong Kong’s 2024 ordinance gives AMDs and “do-not-attempt CPR” orders a legal basis. Requirements: age 18+, mentally capable, in writing, with two witnesses, one a registered doctor.
Implementation details follow the Health Bureau.
Consider doing them together
The witnessing requirements for an EPA and an AMD are similar (both involve a doctor), so many people complete them together and review their will at the same time — finishing the “three instruments” in one go.
Common misunderstandings
- EPA ≠ will: the former manages finances while alive; the latter distributes assets after death.
- AMD ≠ euthanasia: an AMD refuses certain life-sustaining treatment; it does not actively end life.
- Once made, it can still be changed or revoked while you remain mentally capable.
Related reading
Frequently asked questions
EPA vs will?
An EPA manages finances while you are alive but lack capacity; a will distributes assets only after death. Different purposes — plan both.
How is an AMD made?
You must be 18+, mentally capable, make it in writing, with two witnesses, one a registered doctor; it can be changed or revoked while you remain capable.
What are the three instruments of peace?
Generally a will, an enduring power of attorney and an advance medical directive — covering succession, financial management and medical wishes respectively.
When does an EPA take effect?
Generally once the attorney believes you have lost mental capacity and it is registered under the Enduring Powers of Attorney Ordinance; specifics should follow legal advice.
Is an AMD the same as euthanasia?
No. An AMD refuses certain life-sustaining treatment in specified situations (a withholding of treatment); euthanasia actively ends life and is not lawful in Hong Kong.