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            SUMMARY OF STATE LIVING WILL LEGISLATION

HAWAII

Synopsis: Hawaii is a strong living will state. Hawaii's law
recognizes living wills executed in another state which
"substantially" comply with Hawaii's law. The statute requires
that once a physician makes a terminal diagnosis, that the same
is to be recorded in the patient's records. Upon concurrence by a
second physician,the declaration is to be carried out. Hawaii's
law requires that physicians unwilling to comply with a living
will transfer the patient to another physician who will carry out
the directive. The law requires that the declaration be made a
part of the patient's record. Hawaii has added to its law a
"safeguard provision" which provides that the declaration not be
effectuated if the declaration is contrary to the patient's "most
recently expressed expression" provided that the person seeking
to avoid the declaration must petition the family court for a
guardian. To prepare a Hawaii living will using the state
suggested form, please select the living will preparation option
from the main menu. Remember that the publisher recommends
preparing a "uniform" living will in addition to the form
suggested with by the State of Hawaii. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.

Statute number: Hawaii Revised Statutes, Chapter 327D-3 
Statute title: "Hawaii Medical Treatment Decisions Act"

Governmental Agency to contact for more information: None
specified

A specific form of living will is suggested by the state law

Witness requirements: Number: 2 Relationship: Witnesses may not
be related to the declarant by blood or marriage, may not be the
attending physician or an employee of the attending physician or
hospital in which the declarant is a patient, and must be over 18
years of age

Recording of the living will is not provided for 

Revocation of the living will may be made physical destruction of
the instrument, by tearing, defacing, burning, etc. In addition
it may be revoked by a separate written revocation document and
It may be verbally revoked in the presence of two adult witnesses
and any revocations must be included in the patient's records.