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Bill > SB776


HI SB776

HI SB776
Relating To Supported Decision-making Agreements.


summary

Introduced
01/17/2025
In Committee
01/23/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

Allows qualified adults, including adults with a disability, mentally ill adults, and adults sixty-five years of age or older, to enter into supported decision-making agreements with one or members of a supportive community. Specifies the terms of a supported decision-making agreement, including access to personal information and agreement requirements.

AI Summary

This bill establishes a legal framework for supported decision-making agreements in Hawaii, designed to help qualified adults with disabilities, mental illness, or who are 65 and older make decisions with assistance from trusted community members. The bill defines key terms such as "supported decision-making" as a process where the adult receives help understanding choices and communicating decisions, while maintaining their ultimate decision-making authority. Under the agreement, a trusted community member can help the qualified adult access and understand information about medical, psychological, financial, and personal decisions, but cannot make decisions on their behalf or receive compensation. The agreement must be voluntary, signed in the presence of witnesses, and include specific requirements like listing the types of decisions for which assistance is sought and ensuring the community member will not coerce or manipulate the adult. The agreement can be terminated by either party at any time and will automatically end if the community member is found to have abused or mistreated the adult. Importantly, the existence of such an agreement cannot be used as evidence of the adult's incapacity, and persons who rely on the agreement in good faith are protected from liability. The bill aims to support the autonomy and self-determination of adults with disabilities or age-related challenges while providing a structured framework for receiving assistance in decision-making.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Referred to HHS, JDC. (on 01/23/2025)

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