Bill > HB2257

This bill adopts the Uniform Health Care Decisions Act (2023), with modifications, to replace existing laws in Hawaii concerning advance health care directives and advance mental health care directives, aiming to consolidate and update these provisions into a single, comprehensive framework. The new law defines key terms like "advance health care directive," which encompasses both a power of attorney for health care and health care instructions, and "surrogate," referring to an agent, default surrogate, or guardian authorized to make health care decisions. It clarifies the criteria for determining an individual's capacity to make health care decisions, establishes procedures for presuming and rebutting capacity, and outlines judicial review processes for findings of incapacity. The bill details the creation and scope of health care instructions and powers of attorney for health care, including specific provisions for advance mental health care directives, such as the "Ulysses clause" which allows individuals to prevent revocation of their directive during a psychiatric episode. It also establishes a system for default surrogates to make health care decisions when an individual lacks capacity and has no appointed agent or guardian, outlines disqualifications for agents and default surrogates, and specifies procedures for revocation of directives. The legislation addresses the duties and powers of agents and default surrogates, the responsibilities of health care professionals and institutions in complying with or refusing directives, and provides immunity for good-faith actions. Furthermore, it includes provisions for judicial relief, prohibits certain conduct related to advance directives, and ensures that electronic forms and copies of directives are legally recognized. The bill also makes conforming amendments to various existing statutes to align with the new chapter, including those related to driver's licenses, identification cards, comfort care directives, anatomical gifts, and guardianship proceedings, and repeals the previous chapters on advance health care directives and advance mental health care directives.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2257&year=2026