When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Hawaii.
TABLE OF CONTENTS
Anyone can be your witness in Hawaii if
Your witnesses cannot be:
Note: One of your witnesses can be:
Anyone can be your Proxy/Agent in Hawaii if
Other than the above legal requirements, the Proxy/Agent should be:
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.
In Hawaii, an Advance Directive doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Hawaii Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.
You can revoke or terminate your Hawaii Advance Directive (other than the designation of your agent) at anytime by:
Note: You may revoke the designation of your agent only by a signed writing or by personally informing your supervising health-care provider.
You can make changes or amend your Advance Directive at any time in Hawaii but once it was witnessed & signed you have to resubmit a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Divorce from the spouse will not make any effect on the validity of the Hawaii Advance Directive unless the spouse was named as an agent in the Durable Power of Attorney for Healthcare, the divorce or annulment of marriage or legal separation will revoke the healthcare agent's power with immediate effect.
If you would prefer that no effect should be there on the Advance Directive after marriage or on divorce, you may add it as a Special Instruction in your Advance Directive for healthcare.
In the Hawaii Advance Directive you not only appoint an agent to take care of your treatment & care but also nominate your agent as your guardian.
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
On the left side, you will find a gray box that contains all the instructions that will help you in the application process.
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Hawaii state laws require the grantor to sign the form in presence of witnesses or he can give an acknowledgment before the public notary.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes
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