Hawaii 2023 Regular Session

Hawaii House Bill HB1154

Introduced
1/25/23  
Refer
1/30/23  
Report Pass
2/17/23  
Refer
2/17/23  
Report Pass
3/3/23  
Engrossed
3/7/23  

Caption

Relating To Guardianship.

Impact

The implications of HB 1154 are substantial as it introduces provisions that directly modify current guardianship processes. By enabling the appointment of emergency guardians under specific circumstances, the bill seeks to enhance protection and support for vulnerable individuals facing crises. Furthermore, the ability for guardians to consent to care and treatment over the objections of wards ensures timely intervention in life-threatening situations, which could significantly impact public health outcomes. However, this may also raise concerns regarding the balance of autonomy and protection for individuals unable to advocate for themselves.

Summary

House Bill 1154 aims to amend certain provisions of the Hawaii Revised Statutes regarding guardianship, particularly in the context of emergency situations involving individuals who may reside in psychiatric facilities, hospitals, or homeless shelters. The bill allows courts to appoint emergency guardians for a maximum period of 120 days and clarifies the powers of guardians, including the authority to consent to medical treatment, care, or services for the ward even against the ward's objections. This legislative move aims to streamline decision-making for individuals who may be incapacitated and lacking the ability to make sound decisions regarding their well-being.

Sentiment

The sentiment around HB 1154 appears to be cautiously supportive, particularly among mental health advocates and legal professionals who recognize the potential benefits of having an expedited guardianship process in emergencies. Nevertheless, there are concerns among some legislators and community advocates regarding the implications for individual rights and the potential for abuse of power by guardians. The debate is expected to foreground discussions about the ethical dimensions of guardianship and individual autonomy when health and safety are at risk.

Contention

A notable point of contention surrounding HB 1154 is the provision that allows guardians to make health care decisions even against the expressed wishes of the ward. Critics argue that this aspect could undermine personal autonomy and lead to situations where individuals are not permitted to make their own choices about their care. Additionally, there are concerns regarding the criteria and processes for appointing emergency guardians, which need careful consideration to prevent misuse and ensure that the best interests of wards are prioritized.

Companion Bills

HI SB915

Same As Relating To Guardianship.

Similar Bills

HI HB1154

Relating To Guardianship.

HI SB199

Relating To Assisted Community Treatment.

AZ SB1516

Guardianship; guardian obligations; wards' rights

CA AB2317

Children’s psychiatric residential treatment facilities.

HI HB1122

Relating To Health.

HI SB592

Relating To Health.

HI SB592

Relating To Health.

HI HB1122

Relating To Health.