What Is a Hawaii Power of Attorney?
A Hawaii power of attorney is a legally binding agreement that allows you to appoint another individual to act on your behalf. The creator, known as the principal, can choose which authorities to give to the selected agent. Establishing a valid Hawaii power of attorney requires the principal to be at least 18 and of sound mind. This means they must understand the terms and effects of the agreement.
Use our free Hawaii power of attorney forms for a compliant and binding contract. Our downloadable form follows state laws and protects your interests.
Types of Powers of Attorney in Hawaii
Hawaii recognizes a variety of types of powers of attorney. Using a specific form can give you greater control over the authorities provided for the agent. Set the terms of your agreement with the following different types of powers of attorney in Hawaii.
Durable vs. Non-Durable
A power of attorney should include information about the duration of its validity. A durable POA allows your agent to continue acting on your behalf even after your incapacitation. On the other hand, a non-durable POA will end when you no longer have capacity. In HI Rev Stat § 551E-3, the state provides that all POAs are considered durable unless stated otherwise.
Financial
In Hawaii, a financial power of attorney form includes a variety of authorities related to monetary and personal property. Select any or all of the following powers to allow your agent to handle financial matters, such as:
- accessing bank accounts
- managing stocks/investments
- handling personal property
- filing taxes
- paying bills
- buying, selling, or renting real estate
Medical
A medical power of attorney protects your wishes if you can no longer communicate your desired health care. Under HI Rev Stat § 327E-3, a Hawaii medical POA goes into effect after the principal’s incapacitation unless stated otherwise. It stops being effective when the principal regains their capacity. Select the powers provided in a medical power of attorney from the following:
- authorizing medical treatments
- deciding on life-supporting care
- accessing medical records
- hiring health care providers
Making your medical POA valid requires signatures from two witnesses or notarization. You can combine this document with further instructions in a living will. The combined forms create an advance directive that ensures you receive your desired care if you can no longer communicate your wishes.
Durable (Financial)
Stays in effect even if the principal becomes incapacitated.
Signing Requirements: Notary public.
Limited (Special)
Used for a limited period of time or for a specific task, such as if you need someone to sign legal documents when you cannot physically be present.
Signing Requirements: Notary public.
Non-Durable (General)
Gives the agent the power to make financial decisions on behalf of the principal.
Signing Requirements: Notary public.
Springing
Comes into effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Motor Vehicle (Form DMVL596-7-14)
Enables the principal (the seller or buyer) to choose an agent who will act on their behalf in vehicle related matters.
Signing Requirements: Notary public.
Real Estate
Authorizes an agent to handle real estate affairs on behalf of the principal.
Signing Requirements: Notary public.
Tax (Form N-848)
Designates an agent to represent the taxpayer’s interests in relation to tax authorities.
Signing Requirements: Taxpayer and attorney-in-fact.
Minor (Child)
Gives you the ability to sign temporary parental responsibility for your minor child to an agent.
Signing Requirements: Notary public.
Revocation
Enables the principal to terminate the authority granted to an agent.
Signing Requirements: Notary public.
How to Write a Power of Attorney for Hawaii
A valid Hawaii POA needs to include the correct information and conditions. Use the following steps to create a power of attorney that meets state requirements:
- Name the principal and agent: List the full name and contact information for the principal and their chosen agent. You can also include coagents or successor agents under HI Rev Stat § 551E-7.
- Grant general authority: Check which general authorities you want your agent to hold. This may include access to bank accounts, personal property, or medical records.
- List specific authority: If you want to give your agent more specific authority, you can select these additional powers. This may include handling trusts, beneficiaries, or gifts.
- Set effective date: According to HI Rev Stat § 551E-5, the POA is effective at the time of execution unless you provide a specific start date or triggering event.
- Finalize and sign: Set the final details, such as adding supporting documents and selecting durability. Check that it accurately reflects your needs and get the principal and a notary public to sign.
Hawaii Power of Attorney Requirements & Legal Considerations
A power of attorney for Hawaii requires you to understand and apply the legal requirements. Consider the following regulations and legal aspects when drafting your Hawaii POA.
Signing
HI Rev Stat § 551E-3 states that a general POA requires notarization and the principal’s signature. Getting the document acknowledged by a notary public means the state will accept it as genuine. The requirements may vary depending on the type of agreement. Check state laws to ensure proper notarization or witness requirements.
Agent Certification
Though it’s not required, you can use a Hawaii agent certification to ensure the agent understands their part in the agreement. This can also provide additional verification for financial institutions or health care providers. HI Rev Stat § 551E-52 provides an example agent certification form to specify the terms and limitations of the contract. This optional document offers additional security for you and your agent.
Revocation
HI Rev Stat § 551E-6 provides ways to revoke the powers granted in your power of attorney agreement. The principal or agent can end the arrangement with the following methods:
- Principal revocation: The principal can end the agreement at any time with a revocation of power of attorney form. Giving this notice to the agent informs them of the termination of their powers.
- Principal incapacitation: In a non-durable POA, the agent’s ability ends at the principal’s incapacitation. This revocation should be outlined in the original document.
- Agent resignation: If the agent is no longer able or willing to serve, they can write and deliver an agent resignation letter to the principal. HI Rev Stat § 551E-14 offers guidelines for creating and providing an agent resignation.
- Divorce or legal separation: If the principal’s spouse acts as their agent, a divorce or legal separation revokes the agent’s power of attorney.
Any actions the agent takes in good faith before they are made aware of the revocation remain legally valid.
