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HRS §327G-8

When mental health care can go against your directive

This section says that your advance mental health care directive can be ignored only in two situations: if a court order says otherwise, or in an emergency where you are an immediate danger to yourself or others. It also says the directive does not stop authorities from taking you into custody or treating you under certain mental health laws.

everyone

The statute, as written — Limitations on applicability of advance mental health care directive

(a) A supervising health care provider, health care provider, or health care institution may subject the principal to mental health treatment in a manner contrary to the principal's preferences and instructions as expressed in an advance mental health care directive only: (1) When a court order under part 3 of article V of chapter 560 contradicts the principal's preferences and instructions as expressed in the advance mental health care directive; or (2) In cases of emergency when the principal poses an imminent threat to the safety of self or others. (b) Neither an advance mental health care directive nor this chapter limits any authority either to take an individual into custody or to admit, retain, or treat an individual in a health care institution pursuant to part IV of chapter 334.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.