Hawaii Living Will Requirements
Based on Hawaii Revised Statutes §327E-1 to 327E-16 (Uniform Health-Care Decisions Act (Modified))
Quick Summary
- Document type: Advance Health-Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Hawaii requires 2 witnesses who are present when you sign your advance health-care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the declarant's health care provider
- A witness cannot be an employee of the declarant's health care provider or health care facility
- A witness cannot be the designated agent (health care surrogate)
- At least one witness must not be related to the principal by blood, marriage, or adoption
- At least one witness must not be entitled to any portion of the principal's estate upon death under any existing will, codicil, or by operation of law
When Your Living Will Takes Effect
Your Hawaii living will becomes effective when the following conditions are met:
Terminal Illness
An incurable and irreversible condition that will result in death within a relatively short time.
Persistent Vegetative State
A state of permanent unconsciousness in which the individual, to a reasonable degree of medical certainty, will not regain consciousness.
Irreversible Condition
A condition where the likely risks and burdens of treatment would outweigh the expected benefits.
Important Notes for Hawaii
- Hawaii follows the Uniform Health-Care Decisions Act (Modified) (HRS §327E-1 to 327E-16)
- Notarization before a notary public at any place within the State may be used as an alternative to having two witnesses
- An agent may not be an owner, operator, or employee of the health-care institution at which the principal is receiving care, unless the agent is related to the principal by blood, marriage, or adoption
- An advance directive is not valid if the principal is known to be pregnant
- Hawaii provides an optional statutory form under HRS §327E-16
- The statutory form provides three end-of-life conditions under which life-prolonging treatment may be withheld: (i) incurable and irreversible condition resulting in death within a relatively short time, (ii) unconsciousness with no reasonable prospect of regaining consciousness, or (iii) the likely risks and burdens of treatment outweigh the expected benefits
- A declaration may be revoked at any time and in any manner by the declarant, without regard to mental or physical condition
- An individual may include or exclude a provision regarding artificial nutrition and hydration separately from other life-sustaining treatments
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.