Advance Directive
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Advance Directive

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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:

  1. Terminal illness, with a life expectancy limited to a few months or less.
  2. Persistent vegetative state or irreversible coma.
  3. 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.

CPRMechanical ventilationBlood productsCardiac pacemaker
    
VasopressorsAntibioticsSpecialized treatmentsArtificial 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.

  • Under common law, every individual has the right to refuse any medical treatment.
  • On 20 November 2024, the Legislative Council passed the Advance Decision on Life-sustaining Treatment Ordinance, providing further legal protection for patients, healthcare providers, and first responders, granting terminally ill patients greater autonomy regarding their treatment decisions.
  • The Ordinance was gazetted on 29 November 2024, with an 18-month preparatory period provided to allow healthcare institutions, relevant departments, and organizations sufficient time to update their guidelines, records, and systems and provide necessary training to frontline personnel.
  • Before the effective date of the new Ordinance, advance directives made using the new standard forms prescribed by the Ordinance and those previously executed using Hospital Authority forms will be recognized as compliant with the new law's requirements.

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:

  • At least one witness must be a registered doctor in Hong Kong, ensuring that the patient fully understands the legal and medical implications of the AD.
  • Neither witness may have any financial interest in the patient’s estate to ensure decision-making independence and avoid conflicts of interest.

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:

  • The patient is mentally competent in making decisions without any undue influence.
  • The patient may revoke the AD verbally or in writing. If there is evidence that the patient verbally revoked the AD before their condition deteriorated, the directive may be considered invalid.
  • To avoid disputes, written revocation is recommended, signed, and witnessed to ensure clarity and legal validity.

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

An Advance Directive does not necessarily have to be issued by a Hospital Authority doctor. As long as the AD document meets all the legal requirements (i.e., the maker is a mentally competent adult capable of making decisions regarding life-sustaining treatments; the AD specifies all instructions; the maker signs it in the presence of at least two witnesses; both witnesses, to their best knowledge, have no financial interest in the maker's estate; one witness is a registered medical practitioner; the other witness is aged 18 or above), the AD remains valid once the Ordinance comes into effect. Therefore, an Advance Directive established through a private medical practitioner, overseas medical professional, or even those based in writing before the law's enactment can be legally recognized, provided it complies with statutory requirements.
The Hospital Authority often assists patients in establishing an Advance Directive during advance care planning discussions. Members of the public or elderly persons who regularly attend HA clinics may proactively discuss and express their wishes regarding Advance Directives during their medical follow-up appointments if the situation is appropriate. The government also encourages private medical practitioners to assist citizens or elderly patients in setting up an Advance Directive, as the witnessing doctor should have a thorough understanding of the patient's patient's medical history and condition, which is essential for effectively explaining the procedure.
Under the current Ordinance, the original and certified copies of an Advance Directive are acceptable. It is recommended to keep the signed documents and other critical medical records (such as medical history or outpatient documents) in a prominent and easily accessible location at home to facilitate quick retrieval during emergency admissions.
If patients are admitted in an emergency without carrying the relevant documents, healthcare providers will exercise their professional judgment in the patient's best interests. Doctors will also communicate with the patient's family members at the time to understand the patient's patient's wishes and make the best possible decisions. Family members play an essential role in such situations. Therefore, family members are encouraged to participate in discussions regarding Advance Directives with the patient and doctor, clearly understand the patient's choices, and help communicate the patient's wishes to healthcare providers when necessary.
According to the Ordinance, criminal offenses related to advance directives (including Advance Directives and Do-Not-Attempt-Cardiopulmonary-Resuscitation orders) include obstructing compliance with valid and applicable instructions in an Advance Directive, intentionally (or recklessly) misleading another person to disregard an Advance Directive, or intentionally (or recklessly) misleading another person into complying with an Advance Directive.
The Ordinance only permits adults aged 18 or above who are mentally competent to decide life-sustaining treatments to establish an Advance Directive. Patients with dementia are encouraged to discuss advance care planning with their healthcare providers and family members at an early stage of the disease while they are still mentally competent. Under appropriate circumstances, patients can establish an Advance Directive to ensure their medical and care preferences remain respected, even if their cognitive abilities deteriorate. Delayed discussions on advance care planning may result in the patient being unable to participate due to mental impairment, thus hindering the execution of their medical wishes.
Under the Ordinance, patients must have mental capacity regarding decisions on life-sustaining treatments when revoking an Advance Directive. Therefore, healthcare providers would adhere to the original Advance Directive previously established by the patient. Patients and family members are encouraged to jointly participate in discussions about advance care planning and the content of the Advance Directive, ensuring consensus and a clear understanding of the patient's patient's wishes. Early communication and preparation are also critical components in this process.

References

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