HRS §349F-2
Supported decision-making agreements: who can make them and how they work
A qualified adult can voluntarily make a supported decision-making agreement with one or more trusted people. The helper can explain options and help get information, but cannot make decisions for the adult. Helpers cannot be paid, and certain people with abuse or crime histories cannot be helpers.
vulnerable adults
The statute, as written — Supported decision-making agreement; term
(a) A qualified adult may voluntarily, without coercion or undue influence, enter into a supported decision-making agreement with one or more members of the supportive community; provided that the supported decision-making agreement shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator. (b) Under the supported decision-making agreement, the qualified adult may request the member of the supportive community to do any or all of the following: (1) Provide supported decision-making, including assistance in understanding the options, responsibilities, and consequences of the qualified adult's life decisions, without making those decisions on behalf of the qualified adult; (2) Assist in accessing, collecting, obtaining, and understanding information that is relevant to a given life decision from any person, including but not limited to: (A) Medical, psychological, financial, educational, occupational, and social decisions; (B) Treatment records; (C) How and in what relationships the qualified adult chooses to engage; and (D) Information about how members of the supportive community are chosen; or (3) Assist the qualified adult in communicating the qualified adult's decisions to appropriate persons when expressly requested by the qualified adult. (c) A member of the supportive community shall not be entitled to compensation or other consideration, in cash or in kind, for assistance provided to the qualified adult for the purposes of a supported decision-making agreement. (d) A qualified adult shall not enter into a supported decision-making agreement with a member of the supportive community who : (1) Has been confirmed as the perpetrator of abuse of the qualified adult, any other qualified adult, or any vulnerable adult; or (2) Has been convicted of: (A) A crime against a vulnerable adult or in which the member otherwise intentionally caused physical harm to another; (B) A financial crime; or (C) The offense of theft in the first, second, third, or fourth degree.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.