Living Wills and Advance Directives in Hawaii
How to make a valid living will (advance directive) and medical power of attorney in Hawaii, with the official form.
Short answer: Hawaii uses an "advance health-care directive." An adult or emancipated minor may give an individual instruction about health care, which may be oral or written and may be limited to take effect only if a stated condition arises. Haw. Rev. Stat. §§ 327E-3, 327E-16
| Living will / advance directive | Hawaii uses an "advance health-care directive." An adult or emancipated minor may give an individual instruction about health care, which may be oral or written and may be limited to take effect only if a stated condition arises. The statute includes an optional Advance Health-Care Directive form with a section for end-of-life instructions. When the written directive includes a power of attorney for health care, it must be dated, signed, and either signed by two qualified witnesses or acknowledged before a notary public in Hawaii. |
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| Medical power of attorney | Hawaii calls it a "power of attorney for health care." It may authorize the agent to make any health care decision the principal could make and stays in effect after incapacity. It must be in writing, dated, signed by the principal, and either signed by two witnesses (each of whom saw the signing or the principal's acknowledgment) or acknowledged before a notary public in Hawaii. Witnesses cannot be health care providers, their employees, or the agent, and at least one witness must be neither related to the principal nor entitled to inherit. Unless related to the principal, the agent cannot be an owner, operator or employee of the facility where the principal receives care. Source: Haw. Rev. Stat. § 327E-3 |
More Hawaii estate law
- Medical Power of Attorney in Hawaii
- Small Estate Affidavit in Hawaii
- Power of Attorney in Hawaii
- Quitclaim Deeds and Transferring Property in Hawaii
- Who Inherits If You Die Without a Will in Hawaii
- How to Make a Valid Will in Hawaii
- How Probate Works in Hawaii
- Revocable Living Trusts in Hawaii
- Executor Duties in Hawaii
- Letters Testamentary in Hawaii
- Affidavit of Heirship in Hawaii
- How to Avoid Probate in Hawaii
- Transferring a Car After Someone Dies in Hawaii
- All Hawaii wills, probate and estate rules
FAQ
How do I make a living will in Hawaii?
Hawaii uses an "advance health-care directive." An adult or emancipated minor may give an individual instruction about health care, which may be oral or written and may be limited to take effect only if a stated condition arises. The statute includes an optional Advance Health-Care Directive form with a section for end-of-life instructions. When the written directive includes a power of attorney for health care, it must be dated, signed, and either signed by two qualified witnesses or acknowledged before a notary public in Hawaii.
How do I make a medical power of attorney in Hawaii?
Hawaii calls it a "power of attorney for health care." It may authorize the agent to make any health care decision the principal could make and stays in effect after incapacity. It must be in writing, dated, signed by the principal, and either signed by two witnesses (each of whom saw the signing or the principal's acknowledgment) or acknowledged before a notary public in Hawaii. Witnesses cannot be health care providers, their employees, or the agent, and at least one witness must be neither related to the principal nor entitled to inherit. Unless related to the principal, the agent cannot be an owner, operator or employee of the facility where the principal receives care.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.