Hong Kong government outlines progress on 'Three Safeguards' for end-of-life planning
Hong Kong's government updated the Legislative Council on the 'Three Safeguards' – wills, enduring powers of attorney, and advance medical directives. It said there are no immediate plans to expand enduring powers of attorney to cover personal care, and that cross-border recognition of such document
The Hong Kong government has provided a detailed update to the Legislative Council on the implementation and promotion of the so-called 'Three Safeguards' – wills, enduring powers of attorney (EPA), and advance medical directives (AMD) – which allow residents to plan for asset management, property inheritance and medical wishes in advance.
In response to a question from lawmaker Ngan Chun-yin, the government, after consulting the Department of Justice, the Health Bureau, the Home and Youth Affairs Bureau, the Culture, Sports and Tourism Bureau and the Innovation, Science and Technology Bureau, said it has no immediate plans to legislate on expanding the scope of EPAs to cover personal care decisions. The Law Reform Commission had proposed this in 2011, and a public consultation on a draft bill was held in 2017. However, the Labour and Welfare Bureau, which took over the matter in 2022, determined there was no urgent need, citing existing financial products covering personal care and the recently enacted Making Decisions on Life-sustaining Treatment Ordinance.
On establishing an official voluntary registration system for the three documents, the government said it regularly reviews the feasibility of electronic services but noted that for wills and EPAs this involves complex legal and policy issues under multiple ordinances. For AMDs, the government is implementing a phased e-service. The first phase, already in effect, allows holders of paper AMDs to upload them to the eHealth system via a registered doctor. The second phase, enabling electronic creation of AMDs through eHealth, is expected by 2027.
Regarding public education, the government said various departments are active. The Health Bureau's elderly health outreach teams held over 450 health talks on topics including end-of-life care between 2025 and September 2026, reaching more than 9,900 elderly people and carers. The Hospital Authority's 'Friends of Wisdom' platform and 'Wisdom Collection' seminar series held four sharing sessions on advance care planning and AMDs, with over 2,100 participants. The Home and Youth Affairs Bureau distributes a new leaflet on wills through district offices and its Estate Beneficiaries Support Unit.
On cross-border recognition of documents, particularly with mainland China, the government acknowledged differences in probate mechanisms and inheritance procedures. It said mutual recognition is not easy and that it will monitor the situation. For assets like virtual assets or overseas special purpose vehicles, the government noted that the Enduring Powers of Attorney Ordinance covers 'property and financial affairs' in a general manner, but its legal effect is limited to Hong Kong. It advised seeking professional legal advice for such assets and for handling mainland assets according to mainland procedures.
