A Hawaii power of attorney revocation cancels an existing arrangement, formally terminating the authority granted to an agent or attorney-in-fact, ensuring they no longer have the legal power to act on behalf of the principal.
For the revocation to be effective, a completed copy must be delivered to the original agent and any institutions that previously relied on the power of attorney (POA). This ensures all relevant parties are informed of the termination and can act accordingly. It’s important to note that third-party entities who haven’t received notice may still, in good faith, follow the agent’s instructions based on the valid, unrevoked documentation they possess.
Legal Considerations
Statute – Title 30, Chapter 551E (Uniform Power of Attorney Act).
Definitions – § 551E-6.
Signing Requirements – § 551E-3 – Notary public.
Revocation and Termination
A POA in Hawaii can be terminated as follows:
- Upon the principal’s death.
- The principal retains the right to revoke the POA at any time.
- If the specific reason for creating the POA is accomplished.
- Once the end date or specific condition outlined for termination has been reached.
- If the agent becomes incapacitated, dies, or resigns, and there’s no named successor agent.
- An agent who is the principal’s spouse automatically loses their authority upon legal separation or divorce unless the POA explicitly states otherwise.
A principal can revoke only the agent’s authority while keeping the POA itself valid.
Fees
- Recording: Fees vary by county but generally fall between $20 and $50. If the original POA was recorded with a local Hawaii Bureau of Conveyances office, you’ll need to record there the revocation document.
- Notary: Fees typically range from $5 to $10 per signature on the document.
Resources
- Hawaii State Judiciary – Helpful information and resources.
- Legal Aid Society – Legal resources and assistance for individuals needing help with power of attorney issues.
Related Forms
