Advance Healthcare Planning
Advance Healthcare Directive Hawaii 
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Advance Healthcare Directive Hawaii 

By 

Jennifer Mcgee

Head of Legal at TrulyWill

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

  1. Legal Requirements for a valid Advance Directive
  2. Who can be your witnesses in the Hawaii Advance Directive?
  3. Who can be your Proxy in the Hawaii Advance Directive?
  4. Notarization required for Hawaii Advance Directive?
  5. When does an Advance Directive come into effect in Hawaii?
  6. How can an Advance Directive be revoked?
  7. How to amend or change an Advance Directive?
  8. Hawaii rules for changing Marital status after making your Advance Directive
  9. Hawaii rules for guardianship after making your Advance Directive
  10. Parts of the Hawaii Advance Directive Form

Legal Requirements for a valid Advance Directive

  • Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 
  • Other names for a Living Will: Advance Directive for Healthcare
  • Other names for a Healthcare Power of attorney: Advance Directive for Healthcare
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Hawaii Advance Directive?

Anyone can be your witness in Hawaii if

  • He is an adult i.e., above 18 years of age, &
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Your witnesses cannot be:

  • Your healthcare proxy/agent,
  • your supervising health care provider/ his employer,
  • the operator or an employee of a healthcare facility where you’re receiving care.

Note: One of your witnesses can be:

  • a person related to you by blood, adoption, or marriage,
  • a  person entitled to a share in the estate on your death.

Who can be your Proxy in the Hawaii Advance Directive?

Anyone can be your Proxy/Agent in Hawaii if

  • He is an adult i.e., above 18 years of age, &
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

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.

Notarization required for Hawaii Advance Directive?

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.

When does an Advance Directive come into effect in Hawaii?

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.

How can an Advance Directive be revoked?

You can revoke or terminate your Hawaii Advance Directive (other than the designation of your agent) at anytime by:

  • A written revocation or directing any other person to write on your behalf,
  • An oral revocation,
  • Tearing, burning, and obliterating or destroying the document in any other way,
  • Executing a new Advance Directive, &
  • In any way which unambiguously conveys your intent to revoke.

Note: You may revoke the designation of your agent only by a signed writing or by personally informing your supervising health-care provider.

How to amend or change an Advance Directive? 

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.

Hawaii rules for changing Marital status after making your 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. 

Hawaii rules for guardianship after making your Advance Directive

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.

Parts of the Hawaii Advance Directive Form

Part 1: Appointment of Healthcare Agent

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. 

Hawaii Advance Directive Sample Form

PART 1: DURABLE POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS 


(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: 


(Name of individual you choose as agent) (address) (city) (state) (zip code) (home phone) (work phone) 


OPTIONAL: 

If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent: 


(Name of individual you choose as first alternate agent) (address) (city) (state) (zip code) (home phone) (work phone) 

OPTIONAL: 

If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alterna…

…..

Part 2: Treatment Preferences

Hawaii Advance Directive Sample Form

PART 2:  INSTRUCTIONS FOR HEALTH CARE 


[   ] (a) Choice NOT To Prolong Life I do not want my life to be prolonged if 

(i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or 

(iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR 

[   ] (b) Choice To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards. 


(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. 

If I mark this box [   ], artificial nutrition and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6). 


(8) RELIEF FROM PAIN: If I mark this box [   ], I direct that treatment to

…..


Part 3: Donation of organs

Section 4: Primary Physician

Hawaii Advance Directive Sample Form

SECTION 4 : PRIMARY PHYSICIAN

(OPTIONAL) 


I designate the following physician as my primary physician: 

(name of physician) (address) (city) (state) (zip code) (phone) 


OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician:


(name of physician) (address) (city) (state) (zip code) (phone)

Part 5: Execution

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. 

Hawaii Advance Directive Sample Form

PART 5 : EXECUTION


ALTERNATIVE NO. 1 

(Sign with Two Witnesses) 

IN WITNESS WHEREOF, I have hereunto signed my name this day of 


(Day) (Month) (Year) 


(Signature of Principal)


or


ALTERNATIVE NO. 2 

(Sign before a Notary) 

IN WITNESS WHEREOF, I have hereunto signed my name this SIGN AND DATE day of

 YOUR DOCUMENT HERE THIS PORTION MUST BE FILLED OUT BY A NOTARY PUBLIC 

(Day) (Month) (Year) (Signature of Principal) 


State of Hawaii County of On this day of , in the year , before me, (insert name of notary public) appeared _______, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. 



Notary Seal 


(Signature of Notary Public

…..

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

How can TrulyWill help?

We provide a quick and hassle-free online platform to create a Will or Trust to plan your estate or healthcare. In just 3 simple steps just like 1, 2 & 3 you can make a valid Estate or Healthcare Plan at the most affordable cost online. Guess what, we give a 30-day money-back offer!

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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What is advanced health care directive Hawaii?
An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.
What is the difference between advance care planning and an advance directive?
The Advance Directive is a formalized version of your Advance Care Plan. An Advance Directive is a document through which you plan your healthcare and your preferences for your future care.
How to Fill in a Medical Power of Attorney in Hawaii?
First of all, choose an agent i.e. choose a person who you trust to carry out your wishes, even if they don't personally agree with your decisions. Then specify what healthcare decisions your agent can make and at last sign the form.
Does a power of attorney need to be notarized in Hawaii?
Hawaii does not technically require you to get your Healthcare power of attorney notarized, however, notarization is strongly recommended. Under Hawaii law, when you sign your Healthcare power of attorney in the presence of a notary public, your signature is presumed to be genuine which means your Healthcare power of attorney is more ironclad.
What is a durable power of attorney in Hawaii?
A Hawaii durable power of attorney form can be used to grant authority to another person expected to handle financial affairs, property, and assets. It is important that the agent appointed someone that can be trusted.
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