§327G-6 Withdrawal of agent; rescission of withdrawal. (a) An agent may withdraw by giving notice to the principal, if the principal has capacity at the time. If the principal lacks capacity, the agent may withdraw by giving notice to the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the withdrawal, including the date and time of the withdrawal, in the principal's medical record.
(b) An individual who has withdrawn under subsection (a) may rescind the withdrawal by executing and dating a written acceptance of the designation as agent after the date of the withdrawal. An individual who rescinds a withdrawal shall give notice and a copy of the written acceptance to the principal, if the principal has capacity at the time. If the principal lacks capacity, the individual who rescinds a withdrawal shall give notice and a copy of the written acceptance to the supervising health care provider or health care institution. The supervising health care provider or health care institution shall promptly record the rescission, including the date and time of the rescission, in the principal's medical record and make the written acceptance a part of the principal's medical record. [L 2004, c 224, pt of §2]
Structure Hawaii Revised Statutes
327G. Advance Mental Health Care Directives
327G-3 Advance mental health care directive; designation of agent.
327G-4 Revocation of advance mental health care directive.
327G-5 Authority and duty of agent; limitations on liability.
327G-6 Withdrawal of agent; rescission of withdrawal.
327G-7 Presumption of capacity; determination of lack of capacity; recovery of capacity.
327G-8 Limitations on applicability of advance mental health care directive.
327G-10 Obligations of health care providers; limitations on liability.