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Hawaii Living Wills Laws
More Information on Living Wills
| Code Section | 327E-1, et seq. Uniformed Health-Care Decisions Act |
| Specific Powers, Life-Prolonging Acts | Execute declaration directing provision, continuation, withholding, or withdrawal of any medical procedure or intervention including artificial provisions of fluids, nourishment, medication that when administered to patient will only serve to prolong dying process; does not include procedure necessary for patient comfort or relief |
| Legal Requirements for Valid Living Will | (1) Competent person, age of majority; (2) in writing; (3) signed by declarant or another person in his presence and at his expressed direction; (4) dated; (5) signed in presence of 2 or more adult witnesses; (6) all signatures notarized; (7) not pregnant; (8) in terminal condition or permanent loss of ability to communicate concerning medical treatment (sample form §327D-4) |
| Revocation of Living Will | Revocable at any time by various methods including: (1) in writing signed and dated by declarant; (2) unambiguous verbal expression by declarant in front of 2 witnesses; (3) canceling, destroying declaration in declarant's presence and at his direction; (4) unambiguous verbal expression to attending physician |
| Validity from State-to-State | Document executed in another state is valid if it substantially complies with requirements of this chapter |
| If Physician Unwilling to Follow Living Will | Physician shall without delay make necessary arrangements to transfer patient and medical records to another physician; transfer without unreasonable delay or with good faith attempt to transfer is not abandonment and not subject to liability |
| Immunity for Attending Physician | No criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as result of withholding or withdrawal of life sustaining procedures unless absence of actual notice of revocation is result of negligence of health care provider, physician, or other person. Failure to transfer is professional misconduct |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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