Preamble
Empower Your Autonomy at Every Life Stage
When we are healthy, we have the freedom to decide every detail of our lives. But life is uncertain. When we can no longer express our wishes or lose consciousness, can our autonomy still be respected?
Whether it is financial arrangements, medical decisions, or planning for what happens after death, these are some of the most important choices in life. By planning ahead, we can ensure our wishes are not overlooked due to illness or accidents, and that every key decision remains in our own hands.
Through comprehensive advance planning, each person can ensure their choices are respected and that decision-making power does not fall into the hands of others. Early planning is especially crucial for LGBTQ+ individuals. Many lack legal recognition of their partnerships, do not have children as legal heirs, and may face both internal and social discrimination. These factors can hinder the execution of their wishes. For the LGBTQ+ community, advance planning is not just a choice but a vital step to protect their rights and dignity.
Step 1：
When you are still alive but lose the ability to manage your finances
If we are diagnosed with dementia, have a stroke, suffer brain injury from an accident, or experience cognitive impairment, we may lose mental capacity and become unable to manage our assets. In such cases, our family members or partners have no legal authority to access or manage our finances. Whether it involves paying for medical bills, ongoing mortgage repayments, or expenses for a beloved pet, our loved ones may be forced to cover these costs themselves, creating a heavy financial burden.
However, by preparing in advance and signing an Enduring Power of Attorney in accordance with legal requirements, one can authorize a trusted person to manage their assets in the event of mental incapacity. This not only helps safeguard the livelihoods of family members, partners, and even beloved pets who depend on the person for care and support, but also protects the individual’s own interests. For example, it allows the use of personal funds to cover medical expenses, hire a caregiver, or repay a mortgage. This can prevent the bank from demanding immediate repayment due to missed payments.
Modern medicine emphasizes patient autonomy. While conscious, all medical decisions must respect the patient’s will. However, when someone loses mental capacity due to accidents, coma, or illness, healthcare providers may be unsure of the patient’s wishes. In such situations, they are required to make decisions based on the patient’s best interest from a clinical perspective. Doctors may consult family members, but the patient’s true preferences about how they wish to approach the final stage of life may not align with those of their family or healthcare team. You may wish to pass peacefully, but your loved ones may push for prolonged treatment out of reluctance to let go.
Through an Advance Medical Directive, anyone with mental capacity can clearly document their choices regarding life-sustaining treatment. This ensures that even if they can no longer speak for themselves, medical decisions reflect their true wishes. It also helps avoid unnecessary suffering or invasive treatments, prevents family conflicts and confusion, and relieves loved ones from the emotional burden of making such difficult decisions.
Step 3：
Funeral Planning
When the final curtain falls on life
Funeral arrangements are not just rituals. They are the final expression of a person’s dignity and values. Some may wish to follow specific religious ceremonies, while others prefer simple, environmentally friendly, or non-religious farewells. From the music played and the outfit worn to who gets to attend, some people hope to say goodbye to their loved ones in a unique and personal way. A funeral is not merely a formality. It marks the closing of a life’s journey. Regardless of the format, planning for what comes after death is an important expression of lifelong autonomy. Yet without prior planning, these choices may never be realized.
For those left behind, dealing with the death of a loved one is already emotionally overwhelming. Having to make numerous decisions in a short period can bring additional pressure and anxiety. Even if they know some of the deceased’s wishes, uncertainty over the details can lead to hesitation or worry about whether they are truly honoring those wishes. Disagreements may even arise due to differing opinions.
Through funeral planning, we can clearly record our preferences, ensuring that our farewell reflects our choices and gender identity. This allows loved ones to say goodbye with peace of mind and focus on grieving and remembrance without added emotional strain.
A will not only clearly outlines how assets should be distributed, but also allows you to appoint a trusted executor to ensure that your estate and funeral wishes are carried out according to your intentions. Although life comes to an end, a will allows love and values to continue. Writing a will is not just for the wealthy. If someone passes away without a will, their assets will be distributed according to the Intestates’ Estates Ordinance. This may not reflect their actual wishes or suit their family situation. For example, a close friend may be more suitable than a relative to care for your pet. Only a will can make that possible.
Lifelong Autonomy
The Importance of Lifelong Autonomy for the LGBTQ+ Community
For the LGBTQ+ community, advance planning is especially critical. Same-sex marriage lacks legal recognition in Hong Kong. Even for couples marrying abroad, their legal status receives limited recognition in Hong Kong, and overseas marriage is not accessible to everyone. Unmarried same-sex partners have no legal inheritance rights and cannot make decisions about their partner’s after-death arrangements. If non-cohabiting couples, it is also difficult for one partner to be appointed to manage the other’s assets if they lose mental capacity.
Beyond the lack of legal recognition, the complex family dynamics often experienced by LGBTQ+ individuals can pose additional challenges. Many are estranged from their families, and some families may not even know about the existence of a partner. As a result, the partner’s wishes may be completely excluded. This happens often in reality and leaves grieving partners to face both the pain of loss and social isolation.
Through the Four-Part Journey to Lifelong Autonomy, LGBTQ+ individuals can ensure that their partner or a trusted person has the legal authority to carry out their decisions in difficult moments. This reduces legal uncertainty and helps avoid additional obstacles when support is needed most.
Questions?
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