Advance Directive in Hawaii — Free PDF & Word (2026 Updated)

Medical care instructions if you become incapacitated

Sales Tax: 4%Notary: $5-$10Witnesses: 1

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ADVANCE DIRECTIVE FOR HEALTHCARE
State of Hawaii

PART I — APPOINTMENT OF HEALTHCARE AGENT

I, [YOUR NAME], of [ADDRESS], Hawaii HI, appoint the following person as my Healthcare Agent:

Agent Name: [AGENT NAME]
Address: [AGENT ADDRESS]
Phone: [PHONE]

Alternate Agent: [ALTERNATE NAME]
Address: [ALTERNATE ADDRESS]
Phone: [PHONE]

My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment.

PART II — INSTRUCTIONS FOR HEALTHCARE

If I am terminally ill or permanently unconscious:
[  ] I DO want life-sustaining treatment
[  ] I DO NOT want life-sustaining treatment
[  ] I want treatment only if my doctor believes it will improve my condition

Artificial Nutrition and Hydration:
[  ] I DO want artificial nutrition and hydration
[  ] I DO NOT want artificial nutrition and hydration

Pain Management:
I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death.

Organ Donation:
[  ] I wish to donate my organs and tissues
[  ] I do not wish to donate my organs

PART III — GENERAL PROVISIONS
This directive is made in accordance with Hawaii law (HI Statutes). It shall remain in effect until revoked.

DECLARANT SIGNATURE: _____________________ DATE: _____

WITNESS 1: _____________________ DATE: _____
WITNESS 2: _____________________ DATE: _____

NOTARY (if required in Hawaii):
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________

Hawaii Advance Directive Requirements

Review the following requirements to ensure your Advance Directive is legally valid in Hawaii.

1 witness must sign
Notarization may be required
Healthcare agent designated
Alternate agent named
Life-sustaining treatment preferences stated
Organ donation wishes specified
Pain management instructions included
Declarant must be of sound mind
Effective immediately or upon incapacity
Revocation clause included

Hawaii Notarization

While notarization may not be required in Hawaii, it is recommended. Fees range from $5-$10.

Before You Sign

Review all information carefully. In Hawaii, a 4% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Hawaii law requires all parties to receive copies of executed documents.

Hawaii Filing Deadlines

Check Hawaii deadlines for filing or recording this document with the appropriate county clerk's office.

JRJ
Reviewed & Fact-Checked

Jennifer Rodriguez, J.D.

Estate Planning Attorney

Licensed in 5 states, 12+ years experience

Focuses on wills, trusts, and power of attorney documents

This Advance Directive template for Hawaii has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Advance Directive Costs in Hawaii

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Hawaii standard rate: $5-$10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Hawaii
Sales Tax4%Hawaii base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Hawaii-specific estimates. Contact your local office for exact pricing.

Hawaii Advance Directive Legal Guide

According to Hawaii laws, this agreement holds legal weight once properly signed and notarized, ensuring compliance with state regulations.

For Hawaii (HI) residents, this Advance Directive is governed by Hawaii State Code. Important details: sales tax at 4%, notary costs of $5-$10, and a requirement for 1 witness. The document has indefinite validity once properly executed.

This document offers comprehensive legal protection tailored specifically to Hawaii's unique statutory framework.

healthcare agentmedical proxylife-sustaining treatmentincapacityhealthcare decisionsorgan donationend-of-life care
Whether you're a first-time advance directive user or a seasoned professional in Hawaii, understanding the legal nuances of this document is essential. Hawaii (HI) has specific statutes that govern how this form must be prepared, signed, and filed.

Avoid These Common Mistakes

Hawaii attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with HI law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when Hawaii law changes

How Hawaii Courts View This Document

Hawaii courts apply HI statutory standards when evaluating a Advance Directive. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.

Getting It Done Right in Hawaii

Here's the practical approach: download, fill in your details, get signatures, and handle any HI-required notarization. Hawaii makes the process relatively straightforward, but attention to detail matters. Keep at least two copies — one for each party involved.

Hawaii Statutory Requirements

The HI legislature has established specific guidelines for advance directive documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.

FAQ: Advance Directive in Hawaii

Is a Advance Directive required in Hawaii?

Yes, in Hawaii, a Advance Directive is required for most transactions of this type. Under Hawaii State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.

Does a Advance Directive need to be notarized in Hawaii?

Notarization requirements in Hawaii (HI) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Advance Directive in Hawaii?

Hawaii has a base sales tax rate of 4%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a Hawaii tax professional for specific guidance on your situation.

Is an advance directive the same as a living will?

An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.

When does an advance directive take effect?

An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.

Do hospitals have to follow my advance directive?

Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.

Where to File Your Advance Directive in Hawaii

Visit your local County Clerk office to file or notarize your Advance Directive.

Hawaii County Clerk

Hawaii Capital

Main Government Building, Hawaii

District County Clerk

Hawaii Metro Area

County Courthouse, HI

Document Information

Document
Advance Directive
State
Hawaii (HI)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
4%
Notary Fee
$5-$10

Hawaii Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Hawaii may change. Consult a licensed attorney for advice specific to your situation.