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A Hawaii living will, also known as an advance directive form, explains your wishes related to medical care if you cannot make those decisions on your own because of a terminal illness, persistent vegetative state, or other similar conditions. In this document, you provide individual instructions on the medical treatments and procedures during end-of-life care. It is part of other legal documents that are used in the estate planning process.
A Hawaii living will is also used to name a person to make medical decisions on your behalf. This person is known as your agent. Without this document, the court could make your healthcare decisions. Your healthcare agent cannot be an owner, operator, or employee of your doctor or healthcare facility unless they are a family member by marriage, blood, or adoption. A Hawaii living will must be signed by two witnesses or you can choose to have it notarized. Witnesses for a Hawaii living will cannot be the person named as your healthcare agent, a healthcare provider, or an employee of a healthcare facility. At least one of your witnesses should not be related to you by marriage, blood, or adoption.
In the State of Hawai‘i, a living will is not the same as a health care power of attorney.
Chapter 327 E-3: A living will may be created by an adult or an emancipated minor. Living wills can be written in such a way that they take effect only in certain circumstances. The Hawaii State Department of Health provides a free Hawaii living will form for use.
While a Hawaii living will plays an important role in making your decisions known at a time in life where you’re not able to voice your wishes, it cannot explain what you want to be done with your assets. This is why it is important for you to also create a Hawaii last will and testament.!
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