Hawaii Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Hawaii who cannot decide: an agent, a guardian, or Hawaii's default surrogate order. Runs in your browser; nothing is stored.

Hawaii law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Hawaii

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Hawaii's default surrogate order

This state names a group of people with no fixed order.

  1. Someone the patient named by telling the supervising provider
  2. Spouse (Not if legally separated or estranged; interested person, no rank among them)
  3. Reciprocal beneficiary (Interested person)
  4. Any adult child (Interested person)
  5. Either parent (Interested person)
  6. An adult sibling (Interested person)
  7. An adult grandchild (Interested person)
  8. Any adult who has shown special care and concern and knows the patient's values (Interested person)
What it covers
A surrogate may make health care decisions for an adult the primary physician finds lacks capacity, when no agent or guardian is appointed or available.
If more than one person is in the same group
There is no ranked order. Interested persons try to reach consensus on one surrogate, ideally the person closest to the patient and most likely to know current wishes. If anyone disagrees or no consensus is reached, an interested person may seek guardianship.
If nobody on the list is available
If interested persons cannot agree, guardianship proceedings under chapter 551 or 560. The section names no clinician fallback.
Who decides the person cannot decide
The primary physician determines lack of capacity and must try to tell the patient.
Limits
  • A surrogate the patient did not name can stop tube feeding only if the primary physician and a second independent physician certify it only prolongs dying and neurological response is highly unlikely.
  • A life-sustaining decision may not rest on a long-term disability or the patient's economic status.
  • The provider must require a written sworn declaration establishing the surrogate's authority.

Source: HRS 327E-5 · Checked October 26, 2026

Less certain: This list was read from a stored copy of the Hawaii statutes that matches the current official text; Hawaii session laws since 2019 were not checked one by one.

Next steps

Who decides in Hawaii without a power of attorney?

Hawaii's default surrogate law (HRS 327E-5) names a group of people with no fixed order. A surrogate may make health care decisions for an adult the primary physician finds lacks capacity, when no agent or guardian is appointed or available.

Hawaii's default surrogate law in full

Hawaii's default surrogate order

This state names a group of people with no fixed order.

  1. Someone the patient named by telling the supervising provider
  2. Spouse (Not if legally separated or estranged; interested person, no rank among them)
  3. Reciprocal beneficiary (Interested person)
  4. Any adult child (Interested person)
  5. Either parent (Interested person)
  6. An adult sibling (Interested person)
  7. An adult grandchild (Interested person)
  8. Any adult who has shown special care and concern and knows the patient's values (Interested person)
What it covers
A surrogate may make health care decisions for an adult the primary physician finds lacks capacity, when no agent or guardian is appointed or available.
If more than one person is in the same group
There is no ranked order. Interested persons try to reach consensus on one surrogate, ideally the person closest to the patient and most likely to know current wishes. If anyone disagrees or no consensus is reached, an interested person may seek guardianship.
If nobody on the list is available
If interested persons cannot agree, guardianship proceedings under chapter 551 or 560. The section names no clinician fallback.
Who decides the person cannot decide
The primary physician determines lack of capacity and must try to tell the patient.
Limits
  • A surrogate the patient did not name can stop tube feeding only if the primary physician and a second independent physician certify it only prolongs dying and neurological response is highly unlikely.
  • A life-sustaining decision may not rest on a long-term disability or the patient's economic status.
  • The provider must require a written sworn declaration establishing the surrogate's authority.

Source: HRS 327E-5 · Checked October 26, 2026

Less certain: This list was read from a stored copy of the Hawaii statutes that matches the current official text; Hawaii session laws since 2019 were not checked one by one.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Hawaii if there is no power of attorney?

Hawaii's default surrogate law (HRS 327E-5) names a group of people with no fixed order. A surrogate may make health care decisions for an adult the primary physician finds lacks capacity, when no agent or guardian is appointed or available. The full order, tie rule and limits are in HRS 327E-5.

Does next of kin in Hawaii have authority over money?

No default surrogate law covers money. In Hawaii, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Hawaii law checked against the official text on October 26, 2026.

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