| Statutory Citations | Hawaii |
Hawaii Durable Power of Attorney for Health Care Decisions Act [1992, 1999], Haw. Rev. Stat. §551D-1 to 551D-7
Documents
Free advance directive documents and instructions from Partnership for Caring.
| Court Cases |
Hawaii |
| Case | In re Guardianship of Crabtree, No. 86-0031 (Hawaii Fam. Ct. 1st Cir. April 26, 1990) (Heeley, J.). |
| Court | Hawaii Supreme Court |
| Year | 1990 |
| Patient (age) | Shirley Crabtree |
| Nutrition + hydration | Nasogastric tube |
| Mental capacity | "Severely brain damaged" (from a serious fall while hiking) |
| Decision maker(s) | Jeffrey Crabtree (son and court appointed guardian) |
| Setting | Island Nursing home (Honolulu, HI) |
| Patient's Wishes | Jeffrey Crabtree, supported by his sister and several friends, argued that his mother would not want to be sustained in her condition of severe disability. |
| Court's Decision |
The court found that individuals have an independent, constitutional right to privacy under Article 1, Section 6 of the Hawaii Constitution and that this right would allow a a person, or a guardian acting on behalf of an incompetent person (using "substituted judgment"), the right to refuse unwanted medical treatment, including artificially provided nutrition and hydration, if done consistent with accepted medical practice. It further found that the withdrawal of a feeding tube from a patient in Mrs. Crater's condition was, indeed, accepted, ordinary, current medical practice and authorized its withdrawal. |
| Outcome | Shirley Crater's feeding tube was removed and she died six days later. |
| Citation | Partnership for Caring, Inc. (2001), Fact Sheet, In re Guardianship of Crabtree |
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