
Advance Directive
Clinical Oncology
Advance Directive (AD) is a legal document established in advance by an individual to clearly express their wish to refuse life-sustaining treatments under specific medical circumstances. These circumstances include but are not limited to, terminal illness, advanced and irreversible life-limiting conditions, or persistent vegetative states. The purpose of an Advance Directive is to ensure that an individual's treatment preferences, such as declining cardiopulmonary resuscitation (CPR) or other specified medical interventions, are respected even when they become incapable of making decisions themselves.
The government has consistently provided comprehensive end-of-life care services to the community.
It has promoted the enactment of the Advance Decision on Life-sustaining Treatment Ordinance, officially passed in November 2024. This ordinance enables patients to establish Advance Directives in advance, expressing their preferences regarding end-of-life treatment and care.
AD Applies to "Specified Conditions"
Patients and their family members can, through advance care planning and consultation with a registered medical practitioner, establish an Advance Directive. This directive ensures that patients' wishes to refuse specified life-sustaining treatments are respected, should they become mentally incapable of making decisions, provided certain pre-specified conditions are met.
The three pre-specified conditions are:
- Terminal illness, with a life expectancy limited to a few months or less.
- Persistent vegetative state or irreversible coma.
- Other advanced, irreversible, life-limiting illnesses.
Refusable Futile & Non-beneficial Life-sustaining Treatments
“Life-sustaining treatment” refers to any medical procedure or intervention that may delay the death of a patient. These include cardiopulmonary resuscitation (CPR), mechanical ventilation, blood products, cardiac pacemakers, vasopressors, specialized treatments for specific illnesses (e.g., chemotherapy or dialysis), antibiotics administered to treat potentially life-threatening infections, and artificial nutrition and hydration (i.e., providing food and fluids via tube feeding).
A person making an Advance Directive can refuse one or more types of life-sustaining treatment.
Patients may specify their refusal of specific life-sustaining treatments in the Advance Directive.
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CPR | Mechanical ventilation | Blood products | Cardiac pacemaker |
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Vasopressors | Antibiotics | Specialized treatments | Artificial nutrition & hydration |
⚠ The legal enforceability of an AD ensures that healthcare institutions honor the patient's decisions unless there is clear evidence that the directive has been revoked.
If providing life-sustaining treatments is not in the best interests of a terminally ill patient, or if the patient has clearly expressed their wish in advance to refuse life-sustaining treatment, withholding or withdrawing such treatments is ethically and legally acceptable. However, an individual cannot use an Advance Directive to refuse basic care (such as oral feeding, provision of water by mouth, and assistance with eating and drinking) and palliative care. Healthcare professionals should continue providing basic and palliative care to patients to maintain their fundamental comfort and dignity.
Family & Medical Team’s Role
Patient - Living with Dignity until the End
An Advance Directive lets patients express their wishes regarding future medical care. It ensures that even when they can no longer communicate decisions, their medical treatment remains aligned with their values and expectations, thus preventing misunderstandings or disputes among family members. By specifying in advance that they refuse futile life-sustaining treatments, patients can avoid unnecessary medical interventions and suffering during their final days, significantly reducing physical and emotional burdens. It allows them to approach the end of life in greater comfort, peace, and dignity. Furthermore, clear medical decisions made by patients can help preserve valuable medical resources for other patients in greater need, fulfilling their personal values and social responsibility.
Family Members - Reducing the Burden of Decision-Making
Patients can relieve their family members of the emotional and ethical burden of making critical end-of-life decisions by setting up an AD in advance. Benefits include:
- Eliminating uncertainty and emotional distress: Family members will not have to guess what the patient would have wanted.
- Reducing guilt and self-doubt: Clear documentation of the patient’s wishes helps prevent family members from second-guessing their decisions.
- Minimizing external pressure: An AD provides legal and ethical justification for family members, shielding them from external criticism or social judgment (e.g., accusations of not doing enough to save the patient).
Medical Crew - Ensuring Medical Decisions Align with the Patient’s Wishes
From the patient’s perspective, an AD ensures that medical care respects their values and preferences, preventing unwanted interventions such as:
- Avoiding futile life-sustaining treatments: When an illness reaches an irreversible stage, excessive interventions may prolong suffering rather than improve quality of life.
- Minimizing unnecessary medical interventions: Invasive procedures such as repeated intubation or defibrillation may cause additional pain without offering long-term benefits.
- Preserving dignity and the right to a peaceful passing: Ensuring the patient can experience a natural and dignified end-of-life process.
Legal Framework of Advance Directives in Hong Kong
Individuals considering an AD should consult medical professionals or legal experts to ensure their wishes are documented and legally enforceable, allowing healthcare providers to honor their preferences appropriately.
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⚠ ADs apply only to "specified conditions" and do not constitute a blanket refusal of all medical treatment. Healthcare providers will still offer palliative care to relieve pain and discomfort, including pain management and oxygen therapy.
⚠ An AD is not equivalent to euthanasia or assisted suicide. Patients cannot use an AD to request active measures to end their life, as euthanasia remains illegal in Hong Kong.
⚠ An AD must be signed while the patient is mentally competent, and it requires two witnesses, including at least one registered doctor, to ensure the patient fully understands their decision.
Establish, Modify or Revoke an Advance Directive
Establishing an Advance Directive (AD) | According to the Advance Decision on Life-sustaining Treatment Ordinance, an Advance Directive (AD) must be signed by the patient and two witnesses, with the following requirements:
The original AD document belongs to the patient, who is responsible for keeping it safe and informing trusted individuals (such as family members or an authorized representative) of its existence. When admitted to a hospital, the patient should present the original AD document to medical staff, ensuring that healthcare providers can follow the directive in applicable situations. When an Advance Directive is valid and applicable, healthcare providers have a legal obligation to follow it, and no one—including family members—can override the patient’s decision. |
Modify or Revoke an Advance Directive | If patients change their minds after signing an AD, they should notify healthcare providers as soon as possible and formally revise or revoke the document. A patient may revoke their AD at any time under the following conditions:
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Respecting Autonomy and Ensuring Medical Decisions Are Honored
Every individual has the right to make decisions regarding their medical care. By establishing an Advance Directive (AD), you can pre-determine whether to receive specific life-sustaining treatments during critical medical situations, ensuring your wishes are respected even if you cannot express them yourself.
For more information or professional assistance regarding Advance Directives, please contact HEAL Medical.
FAQ
References
- Health Bureau — Advance Decision on Life-sustaining Treatment Ordinance
https://www.healthbureau.gov.hk/en/press_and_publications/otherinfo/241100_adlto/index.html - Hospital Authority Guidelines on Advance Directives for Adult Patients
https://www.ha.org.hk/haho/ho/psrm/Public_education1.pdf - Jockey Club End-of-Life Community Care Project (JCECC)
https://foss.hku.hk/jcecc/
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