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Hawaii Revised Statutes Division 1. Government § 349F-4

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

(a) A supported decision-making agreement shall be in writing and shall include, at a minimum:

(1) The name of the qualified adult;

(2) The name, address, phone number, and electronic mail address of the member of the supportive community, if applicable;

(3) Identification of the subject matter for which the qualified adult requests advice from the member of the supportive community;

(4) A description of the agreement terms, including, at a minimum, the terms under which the member of the supportive community agrees to:

(A) Provide information as requested by the qualified adult;

(B) Respect that the final and ultimate decision is the qualified adult's and not the member of the supportive community's;

(C) Not coerce or manipulate the qualified adult into making any decision;  and

(D) Provide the most up-to-date and relevant information to the qualified adult based on all the available and known information the member of the supportive community has;

(5) A description of how the members of the supportive community may work together, if there is more than one member of the supportive community;

(6) A description of how any perceived or actual conflict between the members of the supportive community and the qualified adult shall be mitigated;

(7) A notice that any person, as described in section 346-224(a), who is relying on the supported decision-making agreement and who knows or has reason to believe that the qualified adult is a vulnerable adult and has incurred abuse or is in danger of abuse if immediate action is not taken, shall report the alleged abuse to the department of human services in accordance with section 346-224;  and

(8) The day, month, and year the supported decision-making agreement was entered into.

(b) A supported decision-making agreement shall be signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public.

(c) The supported decision-making agreement shall be effective until terminated by either the qualified adult or the member of the supportive community, or by the terms of the agreement.  Any party may choose to terminate the agreement at any time by providing written or verbal notice of the termination to all parties to the supported decision-making agreement.

(d) The supported decision-making agreement shall automatically be terminated if:

(1) After investigating a member of the supportive community for abuse of the qualified adult, the department of human services confirms that the qualified adult is a vulnerable adult who has been abused by the member of the supportive community;  or

(2) The member of the supportive community is:

(A) Confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult;

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

(C) Convicted of a financial crime;  or

(D) Convicted of the offense of theft in the first, second, third, or fourth degree.

(e) A supported decision-making agreement, or the execution of a supported decision-making agreement, shall not be used as evidence of incapacity or incompetency of the qualified adult and shall not preclude an adult with a functional impairment who has entered into such an agreement from acting independently of the agreement.

(f) The existence of a supported decision-making agreement shall not preclude a qualified adult from seeking personal information on their own without the assistance of the member of the supportive community.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 349F-4 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-349f-4/

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