Why Every Adult in Hawaiʻi Should Have a Living Will

Estate planning isn’t just for retirees or those with significant assets — it’s an essential step for every adult in Hawaiʻi. While many people are familiar with a last will and testament, fewer realize how important it is to also have a living will. Both serve very different purposes, but together, they ensure your wishes are respected — whether you’re still living or after you’ve passed.

Let’s break down what a living will is, how it differs from other legal documents, and why it’s a critical part of your estate plan in Honolulu and across Hawaiʻi.

What Is a Living Will?

A living will — often called an advance health care directive in Hawaiʻi — is a legal document that spells out the medical treatments, procedures, and care you would or would not want if you become unable to make decisions for yourself.

For example, your living will can specify:

• When life support should be withdrawn

• Whether you want artificial hydration and nutrition

• Your preferences for comfort care and pain management

• Who can visit you while hospitalized

Without a living will, these choices may be left to family members under stress — and they might not know what you truly want. Documenting your wishes now ensures that doctors and loved ones can follow your instructions with clarity and confidence.

Living Will vs. Last Will and Testament

It’s easy to confuse the two, but they serve very different purposes:

• Last Will and Testament – Determines how your assets are distributed after your death.

• Living Will – Provides instructions for your medical care while you are still alive but unable to speak for yourself.

Both documents are crucial and work together to protect your wishes and legacy.

Living Will vs. Medical Power of Attorney

A medical power of attorney (also part of an advance health care directive) allows you to name an agent to make medical decisions for you if you cannot do so.

The key difference:

• Medical Power of Attorney – Names a decision-maker.

• Living Will – States what decisions should be made.

Ideally, you should have both to cover all situations.

Why Having a Living Will Is Essential in Hawaiʻi

A living will provides peace of mind for both you and your ʻohana. It:

• Eliminates guesswork for loved ones during medical emergencies

• Prevents family conflict over care decisions

• Ensures your cultural and personal values are respected

• Reduces stress and guilt for family members making difficult choices

In Hawaiʻi’s close-knit communities, where ʻohana often plays a central role in care decisions, having your wishes clearly documented is a gift to your loved ones.

Why Work with a Hawaiʻi Estate Planning Attorney

While online forms might seem convenient, they often overlook important nuances — especially in Hawaiʻi, where local laws and customs matter. Working with an experienced Honolulu estate planning attorney ensures your living will is clear, legally sound, and tailored to your exact wishes.

At the Law Office of Keoni Souza, we guide you through every step, making sure your living will aligns with your values, medical preferences, and overall estate plan.

Take the Next Step

Your living will is one of the most important documents you can have to protect yourself and your loved ones. Don’t wait until it’s too late — schedule a planning session today to ensure your wishes are known and honored.

FAQs

Q: Is a living will legally recognized in Hawaiʻi?

Yes. In Hawaiʻi, a living will is part of an advance health care directive and is legally recognized when executed according to state requirements.

Q: Do I need both a living will and a medical power of attorney?

Yes. A living will details your preferences, while a medical power of attorney appoints someone to make decisions on your behalf. Together, they provide complete protection.

Q: Can I update my living will?

Absolutely. You can revise your living will anytime to reflect changes in your wishes, health, or circumstances.

Q: What happens if I don’t have a living will in Hawaiʻi?

Without a living will, medical decisions may fall to your family or a court-appointed guardian, which can cause stress, conflict, or outcomes that don’t align with your wishes.

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This article is brought to you by the Law Office of Keoni Souza, a boutique estate planning firm located in Honolulu, Hawaiʻi, proudly serving families on Oʻahu and across the Hawaiian Islands. At our firm, estate planning is about more than documents — it’s about creating lasting peace of mind for you and the people you love. Through our unique Life & Legacy Planning Process, we guide you to make informed, empowered decisions that protect your wealth, your wishes, and your family’s future. To get started, contact our Honolulu office today to schedule your Family Wealth Planning Session. Mention this article to learn how you can receive this $750 session at no charge.

Disclaimer: The information on this website is for informational purposes only and should not be considered legal advice. For guidance tailored to your specific situation, please consult an estate planning attorney licensed in the State of Hawaiʻi. Use of this website or communication through this site does not create an attorney-client relationship with the Law Office of Keoni Souza, LLC.