Hawai‘i enacts law affirming decision-making rights for people with disabilities

Gov. Josh Green, M.D., signed HB 320 into law on July 3, 2025, enshrining Supported Decision-Making Agreements into Hawai‘i statute for the first time.

The new statute, now Act 284, affirms the right of adults or emancipated minors with intellectual and developmental disabilities (I/DD) to make their own decisions with support, rather than be placed under court-ordered guardianship, something that has been criticized as denying people with disabilities their basic civil rights.

Under this new law, adults with disabilities may choose trusted supporters-such as family members, friends or professionals-to assist them in understanding, considering and communicating decisions, while retaining the legal right to make those decisions themselves.

The passing of the bill reflects a growing national movement away from substituted decision-making models and toward empowering individuals with disabilities to lead self-directed lives, the Hawai‘i State Council on Developmental Disabilities said in a statement Tuesday.

“It ensures that people with disabilities are not treated as incapable, but rather recognized for their abilities, strengths and right to make informed decisions about their own lives,” said Sierra Whiteside, chairperson of the Hawaiʻi State Council on Developmental Disabilities.

HB 320 was championed by a coalition of self-advocates, families, legal experts, disability rights organizations and legislators. The legislation was introduced as part of the Council’s 2025 legislative package, receiving strong bipartisan support in both the House and Senate.

Che Silvert, community and legislative liaison for the council, said, “Supported Decision-Making is a less restrictive alternative to guardianship that keeps people in control of their own choices—whether about health care, housing, education or finances. It aligns with best practices in disability rights and fulfills our obligations under the Americans with Disabilities Act.”

The passage of HB 320 brings Hawai‘i in alignment with over a dozen other states that have recognized SDM agreements in statute.

State Rep. Cory Chun introduced the legislation. Another advocate for the bill was Sen. Joy San Buenaventura.

Both the committee and floor votes passed the bill with zero “nay” votes, the bill. It was transmitted to the governor’s desk in May, where it was signed into law this month.

To view the full text of Act 284, visit: https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=320&year=2025