Hawaii Revised Statutes
Haw. Rev. Stat. § 346-251 (2026)
] Presumption of capacity.
✓ current as of July 2026
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[§346-251] Presumption of capacity. An individual shall be presumed capable of making decisions concerning the individual's person. A determination that an individual lacks capacity under this part shall not be construed as a finding that the individual lacks capacity for any other purpose. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Dean v. Dep't of Human Servs. Adult Prot. Servs., 154 Haw. 404 (Haw. App. 2024).
Dean v. Dep't of Human Servs. Adult Prot. Servs., 154 Haw. 404 (Haw. App. 2024). “The Hearing Officer carefully considered and assessed Client A's testimony, along with the other evidence presented at 3 In conjunction with this argument, Dean also appears to argue that the Hearing Officer ruled Client A "lacked capacity" and ignored the presumption stated in…”
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