Hawaii Revised Statutes Division 1. Government § 334-59.5

(1) Has capacity to make health care decisions and agrees;

(2) Is given the opportunity to object and does not object, or the health care provider can reasonably infer from the circumstances based on the exercise of professional judgment that the individual does not object; or

(3) Is incapacitated or an emergency circumstance exists and the health care provider determines based on the exercise of professional judgment that doing so is in the best interest of the individual.