A Hawaii general power of attorney (GPOA) is a legal document that allows an individual, known as the “principal,” to delegate authority to another person, termed the “agent,” to handle various financial matters on their behalf.
This form is non-durable, meaning that it is suitable for short-term needs and becomes void if the principal becomes incapacitated. To allow continued representation in managing financial affairs even if the principal becomes unable to make decisions due to illness or incapacity, opt for a durable power of attorney.
Authority (Haw. Rev. Stat. § 551E-31) – An agent can perform specific actions only if explicitly granted and if no other agreement restricts this authority. The activities carried out by the agent legally bind the principal and their successors as if the principal performed those acts themselves.
Signing Requirements (Haw. Rev. Stat. § 551E-3) – The document must be signed by the principal or, if directed by the principal, by another person in their presence. The signature must be acknowledged before a notary public or another authorized individual.
Presumption of Durability (Haw. Rev. Stat. § 551E-3) – Yes, a power of attorney in Hawaii is presumed to be durable unless explicitly stated otherwise regarding termination due to the principal’s incapacity.