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Hawaii Revised Statutes Division 1. Government § 349F-2

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A qualified adult may voluntarily, without coercion or undue influence, enter into a supported decision-making agreement with one or more members of the supportive community;  provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator.

(b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following:

(1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the qualified adult's life decisions, without making those decisions on behalf of the qualified adult;

(2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to:

(A) Medical, psychological, financial, educational, occupational, and social decisions;

(B) Treatment records;

(C) How and in what relationships the qualified adult chooses to engage;  and

(D) Information about how members of the supportive community are chosen;  or

(3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult.

(c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supported decision-making agreement.

(d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who:

(1) Has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;  or

(2) Has been convicted of:

(A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another;

(B) A financial crime;  or

(C) The offense of theft in the first, second, third, or fourth degree.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 349F-2 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-349f-2/

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