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HI.SUM
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1991-04-22
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#define.stb Defintions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
HAWAII
Synopsis: Hawaii is a strong living will state. Hawaii's law
recognizes living wills executed in another state which
"substantially" comply with Hawaii's law. The statute requires
that once a physician makes a terminal diagnosis, that the same
is to be recorded in the patient's records. Upon concurrence by a
second physician,the declaration is to be carried out. Hawaii's
law requires that physicians unwilling to comply with a living
will transfer the patient to another physician who will carry
out the directive. The law requires that the declaration be
made a part of the patient's record. Hawaii has added to its
law a "safeguard provision" which provides that the declaration
not be effectuated if the declaration is contrary to the
patient's "most recently expressed expression" provided that the
person seeking to avoid the declaration must petition the family
court for a guardian. To prepare a Hawaii living will using the
state suggested form, please select the living will preparation
option from the main menu. Remember that the publisher recommends
preparing a "uniform" living will in addition to the form
suggested with by the State of Hawaii. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.
Statute number: Hawaii Revised Statutes, Chapter 327D-3
Statute title: "Hawaii Medical Treatment Decisions Act"
Governmental Agency to contact for more information: None specified
A specific form of living will is suggested by the state law
Witness requirements: Number: 2 Relationship: Witnesses may
not be related to the declarant by blood or marriage, may not be
the attending physician or an employee of the attending physician
or hospital in which the declarant is a patient, and must be over 18
years of age
Recording of the living will is not provided for
Revocation of the living will may be made physical destruction of
the instrument, by tearing, defacing, burning, etc. In addition
it may be revoked by a separate written revocation document and
It may be verbally revoked in the presence of two adult witnesses
and any revocations must be included in the patient's records.