Legal knowledge
When elderly people with dementia have difficulty making decisions for themselves, their families will inevitably feel helpless. The so-called "three treasures of peace", including wills, lasting power of attorney, and advance medical directives, can help make arrangements for care for themselves and their families.
1. Will
Also known as peace paper, it specifies the distribution of property before death.
How to sign a will?
Appoint one or more executors, preferably the beneficiaries, and invite two witnesses (neither the beneficiaries nor their spouses can be witnesses). You can make a will yourself according to the law, or you can ask a lawyer to handle it.
There are "legal" tips for care
Mentally sound and sane people over the age of 18 can make a will by themselves according to the law; if the testator is sick and bedridden, a doctor is required to certify that the patient is sane when signing the will.
2. Enduring Power of Attorney
If a person signs an Enduring Power of Attorney while he is conscious, then if he suffers from dementia or becomes unconscious due to a serious illness, his attorney can handle the property on his behalf according to the wishes he has made before.
How to sign an Enduring Power of Attorney?
It must be signed in the presence of a doctor and a lawyer (the spouse or relatives of the person, the beneficiary or his spouse or relatives cannot serve as witnesses).
What if an Enduring Power of Attorney is not signed?
Relatives and friends can apply to the Guardianship Board for a guardianship order for a person with dementia, free of charge. From March 2016, the guardian can only use a maximum of HK$15,000 for the patient's living expenses. Guardianship orders are limited to a period of one year for the first time and a maximum of three years each time for renewal.
3. Advance Medical Directive
The person states in advance that when he suffers from a terminal illness or has become a vegetative state, he agrees not to use life-sustaining treatment to barely maintain his life.
When to make a directive?
Mentally sound and sane persons aged 18 and above know when to execute instructions, understand the consequences of refusing treatment and are completely voluntary.
How to sign an "advance medical directive"?
When using the Hospital Authority's "advance medical directive" form, there must be two witnesses when signing, one of whom is a doctor, but neither witness can be a beneficiary of a will or insurance policy.
There are "legal" reminders for care
"Advance medical directives" have not yet been legislated in Hong Kong, so they may not be binding on medical staff. Signing an "advance medical directive" can allow relatives and friends to have a basis for the person's willingness to accept treatment.
