The 'three treasures': will, enduring power of attorney and advance medical directive
The 'three treasures' usually mean three key documents: a will, an enduring power of attorney (EPA) and an advance medical directive (AMD). They cover different situations — assets after death, finances if you lose mental capacity while alive, and medical wishes in a terminal condition. Putting them in place while healthy gives you peace of mind and eases the burden on your family later.
What are the three?
Generally: a will (how your estate is distributed after death), an enduring power of attorney (EPA — authorises a trusted person to manage your finances if you lose mental capacity), and an advance medical directive (AMD — states in advance your wish to refuse life-sustaining treatment in specified terminal situations). Together they cover the 'after death', 'finances while incapacitated' and 'end-of-life care' gaps. To see why one alone is not enough, look at how each differs by 'when it takes effect, who acts, and what it covers' — many people assume a will covers everything, but a will only governs matters after death and does nothing for finances or medical care while you are still alive. For the detail on the latter two, see the EPA and advance medical directive page.
| Document | Situation | When it takes effect | Who acts |
|---|---|---|---|
| Will | Distribution of your estate | After death | Executor (via probate) |
| Enduring power of attorney (EPA) | Finances if you lose mental capacity | On loss of capacity | The attorney you appoint |
| Advance medical directive (AMD) | Medical wishes in terminal/specified situations | When the specified medical condition is met | Attending doctors follow the directive |
General education only, not legal or medical advice.
Why all three? Isn't a will enough?
No. A will only takes effect after death and can't handle your finances while you're alive but lack capacity — for example a stroke, dementia or serious accident that leaves you unable to manage your own bank accounts, property or investments. That is the EPA's role. Without a valid EPA, even close family may not be able to use your assets directly to pay for your care and living costs, and may have to go through a more involved court process instead. And if you fall into a terminal, unresponsive state, the AMD lets doctors follow your pre-stated wishes so family don't have to make agonising decisions for you at the hardest moment. They address different points in time — miss one and you leave a gap. If you also care about how your estate passes on in an orderly way, look at wealth succession planning and how an estate is dealt with through the grant of probate process.
Estate, asset handling and legal procedures are best confirmed with a solicitor; this is not legal advice.
What to note when making them
- Will: must meet legal formalities (witnessing), be clear, name your executor and beneficiaries, and is best drafted with a solicitor to avoid later disputes.
- EPA: a registered doctor first witnesses your mental capacity, then a solicitor witnesses the signing; clearly define the scope of the attorney's authority.
- AMD: use the specified form, sign with witnesses, and tell family and doctors where it is kept — otherwise it may not be available when needed.
- Store it safely: keep the original somewhere secure that family know about, and make sure your attorney and executor know their roles in advance.
- Review regularly: update on marriage, divorce, a new child, buying property, emigration or a change in health, so the documents still reflect your current wishes.
The legal requirements and procedures are best confirmed with a solicitor and medical professionals; see the EPA and advance medical directive page.
Starting from scratch: four steps to putting the three in place
- 1. Take stock and clarify your wishesFirst list your main assets (property, bank accounts, investments, insurance) and your family situation, and think through: how you want your estate distributed, who should manage your finances if you lose capacity, and what matters to you in end-of-life care. This step needs no solicitor but is the most important foundation.
- 2. Choose people you trustPick an executor for your will and an attorney for your EPA, then talk to them and get their agreement. Choose people who are reliable, willing to take it on, and able to coordinate with other family members when needed.
- 3. Arrange professional help to formalise themA will and EPA are usually drafted and witnessed with a solicitor, and the EPA also needs a registered doctor to witness your mental capacity; the AMD uses the prescribed form and is signed with witnesses. Understanding later-life planning early helps you talk through medical wishes more clearly.
- 4. Store safely and review regularlyKeep the originals somewhere secure that family know about, tell your attorney and executor their roles, and update everything when life or assets change significantly. See estate planning case studies for how different families arrange this.
The above is a general guide; actual requirements vary by case and this is not legal or medical advice.
How to start? With one family conversation
The hardest part is usually not the paperwork but starting the conversation. Begin from care and health, understand each other's wishes step by step, then arrange professional help to formalise them. If planning for parents, talking early and calmly leaves more options than acting at the last minute — it's the first step in legacy planning for parents. Where family assets are more complex, or you want more flexibility in passing wealth across generations, you can also explore tools such as a family trust and then discuss what fits your situation with professionals.
General education only, not legal or medical advice; arrangements vary by individual.
Related reading
Frequently asked questions
What are the 'three treasures'?
Generally a will, an enduring power of attorney (EPA) and an advance medical directive (AMD) — covering estate distribution after death, finances if you lose capacity while alive, and medical wishes in terminal situations.
If I have a will, do I still need an EPA and AMD?
Yes. A will only takes effect after death; the EPA handles finances while you are alive but lack capacity, and the AMD states end-of-life medical wishes. They address different points in time and complement rather than overlap.
What's required to make an EPA?
Generally a registered doctor first witnesses your mental capacity, then a solicitor witnesses the signing, using the prescribed form. Confirm details with a solicitor, or see the EPA and advance medical directive page.
When should I start preparing the three?
As early as possible. Making them while healthy allows fuller decisions and eases the family's burden later; they are not only for the elderly.
Without an EPA, can my family manage my finances for me?
Not necessarily. If you are alive but have lost mental capacity and there is no valid EPA in place, family may not be able to use your assets directly and may have to go through a more involved court process, which takes time and costs more. Making an EPA early is precisely to avoid this.
Can an advance medical directive be changed after it's made?
Yes. As long as you still have mental capacity, you can amend or revoke your AMD following the prescribed procedure. Review it if your health or views change, and make sure family and doctors know where the latest version is kept.
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