(a) A guardian shall comply with the ward’s individual instructions and shall not revoke the ward’s pre-incapacity advance health-care directive unless expressly authorized by a court.

Need help with a review of a living will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Hawaii Revised Statutes 327E-6

  • Advance health-care directive: means an individual instruction or a power of attorney for health care. See Hawaii Revised Statutes 327E-2
  • Agent: means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power. See Hawaii Revised Statutes 327E-2
  • Guardian: means a judicially appointed guardian having authority to make a health-care decision for an individual. See Hawaii Revised Statutes 327E-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health-care decision: means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care. See Hawaii Revised Statutes 327E-2
(b) Absent a court order to the contrary, a health-care decision of a guardian appointed pursuant to chapter 560 takes precedence over that of an agent.
(c) A health-care decision made by a guardian for the ward is effective without judicial approval.