Hawaii Healthcare Laws
Hawaii law does not explicitly permit a reciprocal beneficiary to make medical decisions for an incapacitated partner. However, the physician is required to make reasonable efforts to contact all interested parties who may need to make a decision regarding the patient’s treatment. Interested persons shall attempt to reach a consensus as to who the surrogate should be. The person selected, "should be the person who has a close relationship with the patient and who is the most likely to be currently informed of the patient's wishes regarding health-care decisions." § 327E-5.An adult may also execute a power of attorney for health care, giving another the authority to make health care decisions on their behalf. The power shall be in writing, contain the date and signature of the declarant and be witnessed by two individuals or acknowledged before a notary public. § 327E-3.
In Hawaii "reciprocal beneficiaries" are granted the same rights as a spouse with respect to visitation and making health care decisions for the patient. § 323-2.
Requirements for a valid "reciprocal beneficiary" relationship are listed under § 572C-4.
Citation: Uniform Health-Care Decisions Act (Modified): HAW. REV. STAT. §§ 327E-1 to 372E-16 and Hospitals and Medical Facilities; General Provisions: HAW. REV. STAT. § 323-2
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Last Updated: 5/2/2008