A power of attorney is a type of legal document that gives another person, called the “agent,” the ability to act legally on behalf of you or someone else, known as “the principal.” This often means the ability to decide matters of health, finance, and property when you cannot decide them for yourself.
In Hawaii, you have more than one type of power of attorney to consider. Having the right type of power of attorney in place will help you protect yourself based on your specific circumstances. Here are the different types to choose from:
- Hawaii Powers of Attorney
- Hawaii Power of Attorney Requirements
Financial Power of Attorney – Hawaii
A financial power of attorney, also sometimes called a statutory form power of attorney or general power of attorney, gives the agent the power to make financial decisions on behalf of the principal. This can be used when the principal can no longer make financial decisions or if the principal needs someone to have the power to sign documents on their behalf, but it does not give the power for healthcare decisions.
Medical Power of Attorney – Hawaii
A medical power of attorney gives an agent the power to make decisions about the principal’s health and medical care, including decisions about end-of-life care and life support. In Hawaii, a medical power of attorney is called the Durable Power of Attorney for Health Care.
Special Power of Attorney – Hawaii
This type of power of attorney document is used for a limited period of time, and it is sometimes called a Limited Power of Attorney. It is often used for a specific task or time period, such as if you need someone to sign legal documents when you cannot physically be present.
Durable Power of Attorney – Hawaii
Durable Power of Attorney documents in Hawaii stay in effect if the principal becomes incapacitated. In Hawaii, power of attorney documents are durable by default unless the document expressly states that it is terminated by the incapacity of the principal.
Power of Attorney for Minor Child – Hawaii
This document gives you the ability to sign temporary parental responsibility for your minor child to an agent. You might use this document if you are traveling and need someone to be able to make decisions for your child while you are gone.
Hawaii Power of Attorney Requirements
To create and sign a Hawaii power of attorney document, the individual must be an adult who can read and understand the document.
The power of attorney document in Hawaii must comply with the rules outlined in the Uniform Power of Attorney Act CHAPTER 551E.
For a power of attorney to be legal in Hawaii, it must:
- be signed by the principal, if possible
- be dated
- be signed in the presence of two or more adult witnesses
- be notarized
The witness to the document needs to be someone who has no vested interest in it. This means the witness cannot be the agent or someone involved in the medical decisions of the principal (e.g., doctors treating the principal).
The power of attorney becomes effective immediately after it is signed, witnessed, and notarized unless the principal adds a certain date or event to the document. It stays in place until a POA revocation form is completed.