Bill > SB595

This bill establishes comprehensive protections for individuals diagnosed with cognitive deficits when changes are proposed to their powers of attorney. The legislation requires that any proposed change to a power of attorney for a person with cognitive impairments must first undergo a comprehensive cognitive assessment by a qualified health care professional who will evaluate the individual's capacity to understand and voluntarily execute the change. Before implementing any modification, the person initiating the change must provide written notice to the principal, existing agent, family members, and other affected parties, and submit a detailed affidavit to Adult Protective Services explaining the reasons for the proposed change. A mandatory 30-day waiting period is imposed before the change can take effect, during which Adult Protective Services will review the documentation and confirm the principal's cognitive capacity. In emergency situations, an expedited court order process allows for immediate changes, but requires a follow-up investigation within 30 days to ensure the change is in the principal's best interests. The bill also establishes criminal penalties for coercing or manipulating individuals with cognitive deficits to change their power of attorney, including potential imprisonment and fines. Additionally, Adult Protective Services is tasked with conducting annual interviews with agents, investigating potential misconduct, and enforcing the new protections to prevent financial exploitation and abuse of vulnerable individuals.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=595&year=2025