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.

An adult or emancipated minor may give health care instructions (orally or in writing) and may sign a power of attorney for health care. The health care power of attorney must be in writing, dated and signed, and either signed by two witnesses 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. The statute provides an optional Advance Health-Care Directive form.

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.

For health care, the Hawaii Department of Health's Executive Office on Aging links to the Hawaii Advance Health Care Directive form in fillable and printable versions (hosted by Kokua Mau); electronic signatures are not accepted.