HI HB1004

Adopts the Uniform Health Care Decisions Act (2023) in modified form to create a new chapter in Hawaii Revised Statutes consolidating and updating laws governing advance health care directives and advance mental health care directives

Establishes a comprehensive framework for determining capacity, including presumption of capacity that can only be rebutted by examination from a physician, psychologist, or advanced practice registered nurse with documented findings

Allows individuals to create "Ulysses clauses" in advance mental health care directives that prevent revocation during specified psychiatric or psychological events, with additional witness requirements

Authorizes default surrogates to make health care decisions when an individual lacks capacity and has no appointed agent or guardian, with interested persons reaching consensus on surrogate selection

Repeals existing chapters 327E (Uniform Health-Care Decisions Act from 1999) and 327G (Advance Mental Health Care Directives from 2004) to consolidate into unified law; effective date July 1, 3000 (placeholder date)