The Hawaii Power of Attorney is a legal arrangement where an appointed party can lawfully perform acts in the name of another individual. The acts that can be authorized include those pertaining to an individual’s finances, property, children, and health (contingent upon which POA form is used). To properly execute this instrument, the executor will have to designate an agent, decide which powers will be dispensed, and determine whether the term will be durable or non-durable. After settling upon these factors of the appointment, the principal will generally be required to supply the form with their endorsement while being witnessed by an officer retaining the authority to notarize the document.
Laws
Statutes – Chapter 551E: Uniform Power of Attorney Act
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 551E-1).
Signing Requirements – Acknowledgment of Notary Public (§ 551E-3)
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – A preliminary measure that is taken in case of a future health crisis where the principal can no longer express their desired medical procedures.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public (§ 327E-3)
Durable (Financial) Power of Attorney – Offers its users the ability to assign powers to an agent to carry out certain financial matters on their behalf (the document will continue to function beyond the point of the grantor’s incapacitation).
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (§ 551E-3)
General (Financial) Power of Attorney – Appoints a third (3rd) party the right to manage certain fiscal components of the principal’s life (provides the same possibilities as the durable POA, except that it no longer operates if the issuing party loses their mental capacity).
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (§ 551E-3)
Limited (Special) Power of Attorney – Limits the authority delegated to an attorney-in-fact by allowing the principal to give an exact description of the engagement that they would like to take place.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 551E-3)
Minor Child Power of Attorney – Delegates powers to a non-parent so that they may accomplish certain feats in order to adequately care for the child (primarily to sign off on any of the minor’s medical and/or educational needs).
Download: PDF
Signing Requirements: Acknowledgment of Notary Public
Motor Vehicle Power of Attorney – Commissions a third (3rd) party representative to carry out a specified vehicle transaction in the name of an appointing party.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (§ 551E-3)
Real Estate Power of Attorney – Is specialized for persons seeking to have another individual substitute in their place to conduct certain real property proceedings.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 551E-3)
Revocation of Power of Attorney – Scraps the rights given to another party to act as an attorney-in-fact.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – Provided by the state’s Department of Taxation, Form N-848 is the proper channel taken to convey tax representation rights to another party.
Download: PDF
Signing Requirements: The taxpayer(s) and their representative(s) must sign the instrument.
Additional Resources
- Elder Law Program – A Legal Handbook for Hawaii’s Older Persons