Bill > SB595

This bill establishes comprehensive protections for individuals with cognitive deficits when changes are proposed to their power of attorney. The legislation creates a detailed process requiring any person seeking to modify a power of attorney for someone with cognitive impairments to first obtain a comprehensive cognitive assessment from a qualified health care professional to verify the principal's mental capacity. If the assessment confirms the principal's ability to understand the change, the person must provide written notice to the principal, existing agent, family members, and other relevant parties, and submit a detailed affidavit to Adult Protective Services explaining the reasons for the proposed change. A mandatory 30-day waiting period is established before any change can take effect, during which Adult Protective Services will review the documentation. In emergency situations, a court can grant an expedited temporary change, which must be reviewed within 30 days to determine if it should become permanent. The bill also includes provisions for investigating an existing agent's performance, protecting the principal from coercion, and establishing criminal penalties for those who manipulate individuals with cognitive deficits. Additionally, the legislation allows for civil actions to seek damages in cases of violations and gives Adult Protective Services the authority to enforce these new protections, including conducting annual interviews with agents and mediating disputes.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=595&year=2026