HI SB1323

Adopts a modified version of the Uniform Health Care Decisions Act (2023) to consolidate and replace Hawaii's existing laws on advance health care directives (Chapter 327E) and advance mental health care directives (Chapter 327G)

Establishes comprehensive framework for determining individual capacity to make health care decisions, including presumption of capacity that can only be rebutted by examination from a physician, psychologist, or advanced practice registered nurse

Allows individuals to create advance mental health care directives with "Ulysses clauses" that prevent revocation during specified psychiatric or psychological events, requiring two adult witnesses for such provisions

Expands default surrogate decision-making process, requiring interested persons to reach consensus on selecting a surrogate who has a close relationship with the individual and knowledge of their health care wishes

Requires the Department of Health to develop and publish model forms for advance health care directives and advance mental health care directives on its website, effective January 1, 2026