A Hawaii durable power of attorney form grants authority to a person expected to handle financial affairs, property, and assets on behalf of another person. The person who grants the power is called “the principal” and the person who receives it is called “the agent.”
This type of power of attorney is called “durable” because it continues even if the principal becomes incapacitated and is unable to make decisions for herself.
Hawaii Durable Power of Attorney Requirements
In Hawaii, power of attorney forms are durable by default.
Relevant Laws: § 551E-1 (Hawaii Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed (§ 551E-3).
Signing: Signature required. No witnesses are required.
Notarization: The signature is presumed genuine if acknowledged before a notary public.
Statutory Form: Yes — § 551E-51.
2. How to Fill Out a Hawaii DPOA Form
These steps will help you set up a durable power of attorney form in Hawaii:
Step 1: Designate an Agent
First, the principal chooses a competent adult to act as their agent. It’s critical that the principal understands what a power of attorney is and the responsibilities associated with it. If the agent violates the Uniform Power of Attorney Act, Hawaii Revised Statutes, or acts outside the authority granted by the principal, they might be liable for damages.
Both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
When you sign a durable power of attorney form, you give the agent legal authority to represent you. You can give them general authority or specific authority.
For example, if you have an online business, you might give your agent general authority to run it; or, if you want someone to handle a specific financial matter for you, like making a loan or signing a contract for a real estate property, you might give them specific authority for that task.
Make sure to specify the powers on the form and add specific instructions, if needed.
Step 3: Ensure Your Form is Durable
A power of attorney is presumed to be durable in Hawaii, unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
To complete the paperwork, the principal must sign and date the durable power of attorney form and the document needs to be notarized.
Storing and Using Your Form in Hawaii
Once you’ve completed your durable power of attorney form, store it in a safe deposit box or secure place at home. Give copies to family members and friends, and tell them where it is. It’s also a good idea to give a copy to third parties that the form will be used with (such as your landlord, bank, or state agency).
Signing on Behalf of the Principal
To get an agent to sign on your behalf, contact the third party or place you want to use the DPOA and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Hawaii
A principal can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.
When a principal dies, the agency isn’t automatically revoked. The person to whom the principal gave power continues the agency as if nothing had happened. This means that any actions taken by that person while they are still acting under the authority of power are binding on the principal’s successors in interest. (HI Rev Stat § 551D-4)