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- #define.stb Definitions 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.