Hawaii Senate Bill SB595

Hawaii 2025 Regular Session

• Introduced: 1/17/25
• Refer: 1/23/25

Caption

Relating To Powers Of Attorney.

Impact

If enacted, SB595 would strengthen the existing legal framework governing powers of attorney in Hawaii by mandating oversight from adult protective services. The bill stipulates that changes to a power of attorney cannot take effect until a certified notice and an affidavit explaining the reasons and justifications for the change have been submitted for review. This aims to prevent illicit financial exploitation and manipulative tactics often aimed at seniors and others with cognitive impairments. Furthermore, it includes a waiting period before changes are made official, ensuring that each case is properly evaluated.

Summary

SB595 aims to provide enhanced protections for individuals diagnosed with cognitive deficits concerning their powers of attorney. The bill recognizes that such individuals are vulnerable to undue influence and coercion, and establishes stricter requirements for changing or revoking powers of attorney. Among these requirements is the necessity for a comprehensive cognitive assessment by a qualified health professional to determine if the principal possesses the mental capacity necessary to make such important legal decisions. This assessment must be conducted prior to any alterations to the power of attorney being recognized as valid.

Contention

Contention may arise as the bill shifts responsibilities onto individuals and legal representatives who wish to initiate changes to the power of attorney. There may be concerns regarding the balance between protecting vulnerable individuals and the potential for bureaucratic hurdles that could complicate legitimate necessary changes. On one hand, advocates will argue for the importance of these safeguards in preventing abuse, while opponents may argue that the additional requirements could impede timely decisions that need to be made in the best interests of individuals who may be incapacitated or facing urgent situations.