Hawaii Living Will (Advanced Medical Directive)

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HAWAII LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: Two witnesses or a notary are necessary to the signature of the maker;
  • Who may be a witness? A witness for a power of attorney for health care shall not be:(1) A health-care provider;(2) An employee of a health-care provider or facility; or(3) the agent. At least one of the individuals used as a witness for a power of attorney for health care shall be someone who is neither:(1) Related to the principal by blood, marriage, or adoption; nor (2) Entitled to any portion of the estate of the principal upon the principal's death under any will or codicil thereto of the principal existing at the time of execution of the power of attorney for health care or by operation of law then existing. Hawaii Code §327E-3(c) and (d).
  • Notary: Notary only required in Hawaii to a living will IF the document is not witnessed by 2 witnesses who meet the above requirements;
  • Must health care agent sign form? No requirement that health care agent sign form;
  • Hawaii Code §327E-3: Hawaii Statutes containing living will requirements; See also Hawaii Code Section 327E-16 containing suggested statutory form for an advanced health care directive (aka Living Will).
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