§327E-3  Advance health-care directives. (a)  An adult or emancipated minor may give an individual instruction.  Theinstruction may be oral or written.  The instruction may be limited to takeeffect only if a specified condition arises.

(b)  An adult or emancipated minor may executea power of attorney for health care, which may authorize the agent to make anyhealth-care decision the principal could have made while having capacity.  Thepower remains in effect notwithstanding the principal's later incapacity andmay include individual instructions.  Unless related to the principal by blood,marriage, or adoption, an agent may not be an owner, operator, or employee ofthe health-care institution at which the principal is receiving care.  Thepower shall be in writing, contain the date of its execution, be signed by theprincipal, and be witnessed by one of the following methods:

(1)  Signed by at least two individuals, each of whomwitnessed either the signing of the instrument by the principal or the principal'sacknowledgment of the signature of the instrument; or

(2)  Acknowledged before a notary public at any placewithin this State.

(c)  A witness for a power of attorney forhealth care shall not be:

(1)  A health-care provider;

(2)  An employee of a health-care provider orfacility; or

(3)  The agent.

(d)  At least one of the individuals used as awitness for a power of attorney for health care shall be someone who isneither:

(1)  Related to the principal by blood, marriage, oradoption; nor

(2)  Entitled to any portion of the estate of theprincipal upon the principal's death under any will or codicil thereto of theprincipal existing at the time of execution of the power of attorney for healthcare or by operation of law then existing.

(e)  Unless otherwise specified in a power ofattorney for health care, the authority of an agent becomes effective only upona determination that the principal lacks capacity, and ceases to be effectiveupon a determination that the principal has recovered capacity.

(f)  Unless otherwise specified in a writtenadvance health-care directive, a determination that an individual lacks or hasrecovered capacity, or that another condition exists that affects an individualinstruction or the authority of an agent, shall be made by the primaryphysician.

(g)  An agent shall make a health-care decisionin accordance with the principal's individual instructions, if any, and otherwishes to the extent known to the agent.  Otherwise, the agent shall make thedecision in accordance with the agent's determination of the principal's bestinterest.  In determining the principal's best interest, the agent shallconsider the principal's personal values to the extent known to the agent.

(h)  A health-care decision made by an agent fora principal shall be effective without judicial approval.

(i)  A written advance health-care directivemay include the individual's nomination of a guardian.

(j)  An advance health-care directive shall bevalid for purposes of this chapter if it complies with this chapter, or if itwas executed in compliance with the laws of the state where it was executed. [L1999, c 169, pt of §1; am L 2004, c 161, §36]

 

Law Journals and Reviews

 

  Your Body, Your Choice:  How Mandatory Advance Health-CareDirectives Are Necessary to Protect Your Fundamental Right to Accept or RefuseMedical Treatment.  27 UH L. Rev. 201.