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Committee advances bill to codify supported decision-making as an alternative to guardianship
Summary
HB 320 (HD1) was advanced after broad support from disability advocates, the state council on developmental disabilities, the attorney general and other agencies; the committee accepted conforming AG amendments and moved the bill forward.
The House Committee on Judiciary & Hawaiian Affairs on Feb. 25 advanced House Bill 320 (HD1), a measure establishing supported decision‑making agreements as a less‑restrictive alternative to guardianship for qualified adults, including adults with disabilities and people age 65 and older.
Support was broad and came from disability-rights groups, the Hawaii State Council on Developmental Disabilities and the state Developmental Disabilities Division. "This bill is about the basic human rights and dignity," Julia Althoff of the State Council told the committee. The Hawaii Disability Rights Center's Lou Ortecek called the measure a top priority and said it could reduce unnecessary guardianship cases and help unclog court dockets.
The Department of Health's Developmental Disabilities Division said it "appreciates the intent of this measure to provide a less restrictive alternative to guardianship" and deferred to the attorney general about the most appropriate statutory vehicle. Deputy Attorney General Margaret Leong offered conforming language and recommended edits to section references. The committee incorporated the AG's proposed technical amendments and moved HB 320 forward with those changes.
Supporters said the measure implements national best practices and provides procedural safeguards allowing adults to select support networks while retaining legal rights. Opponents did not dominate the hearing; multiple advocates and county councils testified in favor.
The committee directed staff to relocate a definition for "vulnerable adult" into the bill's general definition section for consistency and adopt AG conforming amendments before filing the updated draft.
