[§327G-13]  Judicial relief.  (a)  On petition of a principal, the principal’s agent or guardian, a health care provider, or a health care institution involved with the principal’s care, any court of competent jurisdiction may enjoin or direct a mental health care decision or order other equitable relief.  A proceeding under this section shall be governed by part 3 of article V of chapter 560.

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Terms Used In Hawaii Revised Statutes 327G-13

  • Advance mental health care directive: means a written document expressing preferences, instructions, or a power of attorney for mental health treatment. See Hawaii Revised Statutes 327G-2
  • Agent: means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents. See Hawaii Revised Statutes 327G-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See Hawaii Revised Statutes 327G-2
  • Health care provider: means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession. See Hawaii Revised Statutes 327G-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mental health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:

         (1)  Selection and discharge of health care providers and institutions;

         (2)  Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and

         (3)  Approval or disapproval of electroconvulsive treatment. See Hawaii Revised Statutes 327G-2

  • Principal: means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care. See Hawaii Revised Statutes 327G-2

     (b)  Any such petition filed shall include notice of the existence of an advance mental health care directive and a copy of the directive shall be provided to the court.