[§327G-4]  Revocation of advance mental health care directive (a)  A principal who has capacity at the time may revoke all or part of an advance mental health care directive, including the designation of an agent or alternate agents, at any time and in any manner that communicates intent to revoke.  The principal shall give notice of the revocation to a health care provider, supervising health care provider, health care institution, agent, or guardian.

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Terms Used In Hawaii Revised Statutes 327G-4

  • 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
  • Capacity: means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision. See Hawaii Revised Statutes 327G-2
  • Guardian: means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560. See Hawaii Revised Statutes 327G-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 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
  • 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
  • Supervising health care provider: means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. See Hawaii Revised Statutes 327G-2

     (b)  A health care provider, agent, or guardian who is informed of a revocation shall promptly communicate the fact and extent of the revocation to the supervising health care provider and to any health care institution in which the principal is a patient or resident.

     (c)  A revocation is effective when notice of the revocation is received by the supervising health care provider or health care institution.  The supervising health care provider or health care institution shall promptly record the fact and extent of the revocation, including the date and time of the revocation, in the principal’s medical record.

     (d)  A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent, unless otherwise specified in the decree or in the advance mental health care directive.

     (e)  An advance mental health care directive that conflicts with an earlier advance mental health care directive revokes the earlier directive to the extent of the conflict.