Free Hawaii Medical Power of Attorney Forms
A medical power of attorney (POA) is a legal document where a person, known as the agent, can make healthcare decisions on behalf of a principal.
Every person has the right to make healthcare plans for themselves, including the medical treatment they wish to receive and where they want to be treated. A medical POA helps in this regard. Principals can write down their preferences and assign an agent to make medical-related decisions on their behalf, especially when they become incapacitated.
Here is everything to know about the medical POA in the state of Hawaii.
Hawaii Medical Power of Attorney Laws
Hawaii Revised Statutes §327E-3: Advance Healthcare Directives - This statute provides guidance on how a medical power of attorney, also known as a healthcare directive, is implemented in Hawaii. It states, “An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity” (HRS § 551E-1).
Signing Requirements in Hawaii
The healthcare directive must be signed and dated by the principal in front of a notary public and two witnesses. According to the Hawaii Revised Statutes, “A witness for a power of attorney for healthcare shall not be a healthcare provider, an employee of a healthcare provider or facility, or the agent.” (HRS § 327E-3).
How To Write a Medical POA in Hawaii
The document acts as legal permission so that an agent can carry out a principal’s wishes regarding their healthcare even if the principal becomes incompetent. Here is how to create a medical POA in Hawaii:
1. Pick an agent
With a legally binding medical POA, agents can decide on the principal’s medication, healthcare facility, treatments, and even life-and-death decisions, so the agent must be carefully chosen.
Many principals choose a loved one, such as their spouse, sibling, or child. If the principal anticipates that the healthcare responsibilities may be too emotionally taxing for their family members (such as deciding to discontinue life support systems), they can also choose an agent who isn’t personally related to them.
2. Discuss the agent’s responsibilities
As soon as you have an agent in mind, set up a meeting with them so you can** explain the role** and your healthcare plans. The agent’s responsibilities include approving medications, medical treatments, and procedures. It also includes deciding on surgeries, the principal’s diet, nutrition, where the principal should live, and the withdrawal of end-of-life support.
Most importantly, the agent must be willing to adhere to the principal’s wishes, especially since the principal may become incapacitated and unable to assert their choices.
Though the agent may refuse compensation, it should be discussed. In addition to compensation, the agent can be reimbursed for expenses that are incurred while carrying out their tasks. This includes the cost of food, travel, and lodging.
3. Prepare the Hawaii Medical Power of Attorney Form
Download a printable template of the medical POA in Hawaii. Fill out the form with your personal details and that of your agent. List everything in your healthcare plan as a guide for your agent in case you become mentally incompetent.
4. Sign the document
Sign the healthcare directive and write down the date. The date will indicate the time when the agent can make medical-related decisions on your behalf. The medical POA is durable. Hence, agents can continue making healthcare decisions for you even when you become incapacitated.
Sign the document in front of a notary public and two witnesses. Your agent cannot be one of the witnesses.
5. Use the Hawaii Medical Power of Attorney
Keep a copy of the document for yourself and give one to your agent. The agent will present the document whenever they make healthcare decisions for you.