Hawaii Advance Health Care Directive means a written document voluntarily executed by a declarant in accordance with the requirements of Hawaii Revised Statutes, § 327E-3
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Hawaii Advance Directive for Health Care Act allows any adult may execute a document, revocable living will and power of attorney for health care, directing that life-sustaining procedures be withheld or withdrawn |
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It is not mandatory that you have an Advance health care directive, however it is highly recommended. Federal law requires that you be told of your right to make an advance directive when you are admitted to a health-care facility.
According to Hawaii law a competent adult or emancipated minor may give an individual instruction regarding his/her health care. An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions. The Hawaii Advance Directive for Health Care consists of four parts: PART ONE: Appointment of Health Care Agent Part 1 of this form is a power of attorney for health care. It lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator, or employee of a health-care institution where you are receiving care.Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to:
PART TWO: Instructions for Health Care. (Living Will) Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, including the provision of artificial nutrition and hydration, as well as the provision of pain relief medication. Space is provided for you to add to the choices you have made or for you to write out any additional wishes.PART THREE: Donation of Organs at Death This part allows you to express your wishes regarding organ donation after your death.PART FOUR: Primary Physician This part of this form lets you designate a physician to have primary responsibility for your health care.After completing this form, sign and date the form at the end and have the form witnessed by one of the two alternative methods listed below. Give a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care institution at which you are receiving care, and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility. Before you start working on your health care directive you need to know the following definitions: "Advance health-care directive" means an individual instruction or a power of attorney for health care. "Agent" means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. "Best interest" means that the benefits to the individual resulting from a treatment outweigh the burdens to the individual resulting from that treatment and shall include:
"Emancipated minor" means a person under eighteen years of age who is totally self-supporting. "Guardian" means a judicially appointed guardian having authority to make a health-care decision for an individual. "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition, including:
"Health-care institution" means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. "Health-care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. Revocation of advance health-care directive An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider.
A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual's advance health-care directive or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health-care directive, shall be subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about the change or cancellation. |
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