12/10/2026
The "Three Peace Treasures" (平安三寶) are three legal instruments central to lifetime planning: a will (平安紙), an enduring power of attorney and an advance medical directive. Each covers a different stage of life (after death, financial matters during lifetime, and medical matters during lifetime), and the three complement one another.
Ms Pearl Law of our firm was invited by 日富資產策劃有限公司 to speak on the "Three Peace Treasures" on 10 October 2026, explaining the key points and practical application of the three instruments to an engaged audience. Drawing on her expertise in the relevant areas of law, Ms Law unpacked the legal arrangements that should not be overlooked in lifetime planning. This article summarises the highlights and the requirements under the relevant legislation.
A will is the best-known of the three treasures. It governs matters after death:
The Wills Ordinance (Cap. 30) prescribes the formal requirements for a valid will in Hong Kong. If a person dies without leaving a will, the estate is distributed under the Intestates' Estates Ordinance, which may not reflect the deceased's wishes.
If a person later loses mental capacity due to illness or accident while still alive, who may lawfully manage their bank accounts, properties and daily expenses? The answer is an enduring power of attorney (EPA).
An EPA is made under the Enduring Powers of Attorney Ordinance (Cap. 501). Its defining feature is that it remains effective even after the donor loses mental capacity (an ordinary power of attorney ceases upon loss of capacity). Note that an EPA must be registered with the Registrar of the High Court to take effect.
When a person is alive but has lost the ability to make medical decisions for themselves, should life-sustaining treatment be given? An advance medical directive (AMD) allows an adult, while mentally capable, to state their wishes in writing in advance.
The Advance Decision on Life-sustaining Treatment Ordinance (Cap. 651) was passed by the Legislative Council in November 2024 and came into effect on 31 July 2026, providing a clear legal framework for AMDs, do-not-attempt cardiopulmonary resuscitation (DNACPR) instructions and related directives. An AMD must be made in the presence of a registered medical practitioner to be valid.
Ms Pearl Law summed up the three treasures in a single table, noting that each governs a different stage:
| Will (平安紙) | Enduring Power of Attorney | Advance Medical Directive | |
|---|---|---|---|
| When it applies | After death | During lifetime, upon loss of mental capacity | During lifetime, upon loss of decision-making ability |
| What it covers | Asset distribution, executor, care of children | Bank accounts, properties, daily expenses | Whether to receive life-sustaining treatment |
| Relevant legislation | Wills Ordinance (Cap. 30) | Enduring Powers of Attorney Ordinance (Cap. 501) | Advance Decision on Life-sustaining Treatment Ordinance (Cap. 651) |
The three treasures complement one another and none should be missing: after death, lifetime finances and lifetime medical care each need their own instrument to be complete.
Q: Is it necessary to have all of the "Three Peace Treasures"?
A: Legally, the three are independent instruments, and you may choose to make only those that suit your needs. However, as they address different stages and complement one another, it is advisable to put all three in place. In addition, both enduring powers of attorney and advance medical directives must be signed in the presence of a doctor, so making them together can also save costs.
Q: What happens if there is no will?
A: The estate will be distributed according to the statutory order under the Intestates' Estates Ordinance, which may not reflect the deceased's wishes and may give rise to disputes among family members.
Q: What is the difference between an enduring power of attorney and an ordinary power of attorney?
A: An ordinary power of attorney ceases immediately when the donor loses mental capacity. An enduring power of attorney is designed for precisely that situation and remains effective after loss of capacity, but it must first be registered with the High Court.
Q: Is an advance medical directive the same as "giving up treatment"?
A: No. An AMD allows an adult, while mentally capable, to state in advance which life-sustaining treatments they wish to refuse in specified medical scenarios. It is an arrangement that respects patient autonomy and is protected by a legal framework.
Retirement planning is not only about finances. It is also a responsibility towards one's family. While in good health and of sound mind, taking the time to understand and put in place the "Three Peace Treasures" is the most prudent course.
To learn more about wills, enduring powers of attorney or advance medical directives, please fill in our online enquiry form or call 2866 0690 and ask for Ms Lee of our firm.
Disclaimer: This article is for general reference only and does not constitute legal advice. For specific legal issues, please consult a solicitor.
