Bill > HB1004

This bill updates and consolidates Hawaii's laws regarding health care directives by adopting the Uniform Health Care Decisions Act (2023), which modernizes and comprehensively addresses advance directives. The legislation creates a new legal framework that combines existing laws about health care and mental health care decisions into a single, more coherent statute. Key provisions include expanding the definition of capacity to include individuals who can make decisions with appropriate support, allowing for more flexible creation of advance directives, introducing a "Ulysses clause" that permits individuals to prevent themselves from revoking mental health care directives during specific psychiatric events, and establishing clear guidelines for agents and default surrogates making health care decisions. The bill also makes numerous technical amendments to other sections of Hawaii's revised statutes to align with the new definitions and framework, repeals the existing chapters on health care decisions, and provides for the continued validity of previously created advance directives. The new law aims to provide clearer, more comprehensive guidance for individuals creating advance health care directives, with particular attention to supporting individual autonomy and ensuring that health care decisions reflect a person's true wishes.

Health and Social Services, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1004&year=2026