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Making a Living Will in Hawaii
A Hawaii Living Will is a legal document that outlines your wishes regarding health care, such as your request for or refusal of a certain medical treatment or procedure, in addition to the (optional) naming of a chosen healthcare agent.
The person making a Living Will is known as the "principal," while the individuals or organizations receiving authority to carry out the principal's wishes are called "agents." Suited for Hawaii residents, this free Living Will is made for use in Maui County, Honolulu County, Hawaii County, and in all other counties and municipalities across the state. Each Hawaii Living Will form from Rocket Lawyer can be edited to address your unique situation. As a result of this legal document, your medical providers will have a point of reference for your decisions, and your representative(s) will be able to offer confirmation that they have the authority to act in your interest when you are not able.
It's very easy to record your medical wishes using a free Hawaii Living Will template from Rocket Lawyer:
This solution is often much less time-consuming than meeting and hiring your average provider. If necessary, you may prepare a Living Will on behalf of an elderly parent, spouse, or another relative and then help them sign it when ready. Keep in mind that for this document to be considered legally valid, the principal must be mentally competent when they sign. In the event that the principal has already been declared legally incompetent, a court-appointed conservatorship may be necessary. When facing this scenario, it would be best for you to speak with an attorney.
Everyone over 18 years old ought to have a Living Will. Although it may be tough to think about, there will likely come a day when you aren't able to make your own medical decisions. Here are some typical circumstances where it may be helpful to make or update your Living Will:
Regardless of whether this Hawaii Living Will has been prepared as part of a long-term plan or created as a result of a change in your health, notarization and/or witnesses often help to protect your document if a third party disputes its validity. In Hawaii, please keep in mind that Advance Directives are not valid if the principal is pregnant.
Making a Living Will is usually easy to do, but you or your agent may still need advice. Getting a legal professional to comment on your Hawaii Living Will could be fairly time-intensive. A more cost-effective alternative would be to go through the On Call attorney network. As a Premium member, you can get your document reviewed or send any questions. As always, Rocket Lawyer will be by your side.
The fees associated with finding and hiring a legal provider to produce a Living Will could total anywhere between $200 and $1,000, depending on where you are located. Rocket Lawyer isn't a run-of-the-mill Living Will template provider. With us, anyone under a Rocket Lawyer Premium membership can take advantage of up to 40% in savings when hiring an attorney from our On Call network.
Alongside your Hawaii Living Will form, there's a set of instructions on what to do next. With a membership, you will be able to make edits, print it out, or sign it. Finally, take care to ensure that your agent(s), care providers, and other impacted parties get their copy of the fully executed document.
The specific rules and restrictions governing Living Wills are different in each state; however, in Hawaii, your Living Will must be signed by two witnesses or notarized. Witnesses must not be your healthcare provider or an employee of your healthcare provider's facility. At least one of the witnesses should be someone who is not your relative, spouse, adoptee, heir, or any other beneficiary. As a general principle, your witnesses must not be under the age of 18, and no witness should simultaneously be designated as your healthcare agent.
See legal references for a Living Will in Hawaii: § 327E-3