Hawaii Revised Statutes 327g. Advance Mental Health Care Directives

• 327g-1 Purpose.
  The State finds that all competent persons have the fundamental right to control decisions relating to their own mental health care, including the decision to...
• 327g-2 Definitions.
  Whenever used in this chapter, unless the context otherwise requires: "Advance mental health care directive" means a written document expressing preferences, instructions, or a...
• 327g-3 Advance Mental Health Care Directive; Designation of Agent.
  (a) A competent adult or emancipated minor may make a written advance mental health care directive declaring preferences or instructions regarding mental health treatment. The...
• 327g-4 Revocation of Advance Mental Health Care Directive.
  (a) A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of...
• 327g-5 Authority and Duty of Agent; Limitations on Liability.
  (a) The authority of an agent becomes effective only upon a determination that the principal lacks capacity and ceases to be effective upon a determination...
• 327g-6 Withdrawal of Agent; Rescission of Withdrawal.
  (a) An agent may withdraw by giving notice to the principal, if the principal has capacity at the time. If the principal lacks capacity, the...
• 327g-7 Presumption of Capacity; Determination of Lack of Capacity; Recovery of Capacity.
  (a) A principal is presumed to have capacity to make mental health care decisions and to execute or revoke an advance mental health care directive...
• 327g-8 Limitations on Applicability of Advance Mental Health Care Directive.
  (a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary...
• 327g-9 Decisions by Guardian.
  (a) A duly appointed guardian for the principal shall comply with the principal's preferences or instructions expressed in the advance mental health care directive and...
• 327g-10 Obligations of Health Care Providers; Limitations on Liability.
  (a) The supervising health care provider, health care provider, or health care institution shall continue to obtain the principal's informed consent to all mental health...
• 327g-11 Statutory Damages.
  (a) A supervising health care provider or health care institution that intentionally violates this chapter shall be liable to the principal or the principal's estate...
• 327g-12 Effect of Copy.
  A copy of an advance mental health care directive, revocation of an advance mental health care directive, or designation, revocation, withdrawal, or rescission of...
• 327g-13 Judicial Relief.
  (a) On petition of a principal, the principal's agent or guardian, a health care provider, or a health care institution involved with the principal's care,...
• 327g-14 Optional Form.
  The following sample form may be used to create an advance mental health care directive. This sample form may be duplicated, or modified to suit...

Last modified: October 27, 2016