Part heading amended by L 2008, c 154, §1.


Cross References


  Dependent elder abuse; suits by the State; civil penalties, see §28-94.

  Maximum fee for appointed counsel and guardian ad litem, see §571-87.


Law Journals and Reviews


  Elder Law Hawaii.  13 HBJ, no. 13, at 85 (2009).

  Elder Abuse and Laws to Protect Older Persons in Hawaii.  15 HBJ, no. 13, at 93 (2013).

  Becoming a "Dementia-Capable" Attorney -- Representing Individuals with Dementia.  18 HBJ, no. 13, at 1 (2015).

  Holding Hawai‘i Nursing Facilities Accountable for the Inadequate Pain Management of Elderly Residents.  27 UH L. Rev. 233 (2004).


     §346-221  Purpose; construction.  The legislature recognizes that citizens of the State who are vulnerable to abuse constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exploitation.

     The legislature recognizes that it is a person's vulnerability, not necessarily age, which is often encountered in cases of abuse, neglect, and exploitation.  While advanced age alone is not sufficient reason to intervene in a person's life, the legislature finds that many elders have become subjects of abuse, neglect, and exploitation.  Substantial public interest exists to ensure that this segment of the population receives protection.

     The legislature declares that the State shall develop and promote community services for the economic, social, and personal well-being and protection of its citizens who may be vulnerable to abuse.

     In taking this action, the legislature intends to protect vulnerable adults and place the fewest possible restrictions on personal liberty and to permit the exercise of constitutional rights by adults consistent with protection from abuse. [L 1989, c 381, pt of §1; am L 1990, c 67, §8, c 144, §1, and c 234, §9; am L 2008, c 154, §3]