A power of attorney in Hawaii is a legal document that grants authority to another person, known as the agent or attorney-in-fact, to act on the principal's behalf in various affairs.
These can include financial matters, legal decisions, property management, healthcare decisions, and more.
Essentially, a power of attorney allows principals to appoint someone they trust to make decisions and take actions on their behalf. This can be especially useful if the principal is old, has unstable health, is moving abroad for a longer period of time, etc.
Types of Power of Attorney in Hawaii
Hawaii Durable (Statutory) Power of Attorney Requirements
With a durable power of attorney, the agent's authority continues even if the principal becomes incapacitated or unable to make decisions for themselves.
Hawaii General (Financial) Power of Attorney Requirements
A Hawaii general power of attorney grants the agent the authority to manage the principal's financial affairs, such as accessing and managing their bank accounts, paying bills, and making investment decisions on their behalf.
Hawaii Limited (Special) Power of Attorney Requirements
A limited power of attorney grants the agent the authority to act on behalf of the principal, but only in specific situations or for a limited period of time. This means that the agent's authority is restricted to the actions or transactions that are specifically outlined in the POA document.
Hawaii Parental (Minors) Power of Attorney Requirements
A parental power of attorney in Hawaii grants an agent the authority to make decisions on behalf of a minor child or incapacitated person when the parent or legal guardian is unavailable. (§560:5-105)
This legal document has a specified duration, which cannot exceed one year and must be stated clearly in the document. Lastly, the agent is prohibited from making decisions regarding the child's marriage or adoption.
Hawaii Medical Power of Attorney Requirements
With a medical power of attorney, an adult or emancipated minor in Hawaii can authorize an agent to make healthcare decisions on their behalf. This power can be used even if they become incapacitated, and it may include specific instructions. (§327E-3)
An agent cannot be an owner, operator, or employee of the healthcare institution unless related to the principal by blood, marriage, or adoption.
Hawaii Springing Power of Attorney Requirements
A springing power of attorney in Hawaii takes effect only upon the occurrence of a specified event, such as the principal's incapacity. This document must include precise instructions regarding the effective date of the power of attorney.
Hawaii Vehicle Power of Attorney Requirements
A Hawaii vehicle power of attorney grants another person the authority to act on the principal's behalf regarding their vehicle. This can include signing documents related to the sale, transfer, registration, or titling of the vehicle and other matters related to its operation.
Hawaii Revocation Power of Attorney Requirements
In Hawaii, revoking an existing power of attorney or withdrawing from representation requires submitting a copy of the previously executed power of attorney to the office where it was filed.
To revoke a power of attorney, the principal must write "REVOKE" across the top of the first page, sign and date it, indicate the matters and periods, and list the recognized representatives whose authority is being revoked.
Hawaii Tax Power of Attorney Requirements
A tax power of attorney in Hawaii grants an individual the authority to sign tax documents on the principal's behalf, represent them before the Department, and receive confidential tax information.
Hawaii Real Estate Power of Attorney Requirements
A vehicle power of attorney in Hawaii gives someone else the power to handle your real estate property. This can involve completing legal paperwork related to managing, leasing, renting, or purchasing the property.
Legal Requirements for a Power of Attorney in Hawaii
To be valid before governmental agencies, a power of attorney in Hawaii must meet the following requirements:
Mental capacity. At the time of execution, the principal must be of sound mind to fully comprehend the nature and effects of a power of attorney.
Form. A power of attorney must be in writing, and the principal's signature is required for it to be valid.
Notarization. While notarization is highly recommended for all types of powers of attorney in Hawaii, it is mandatory for some, such as medical power of attorney. This document must be signed in the presence of two witnesses or a notary public to ensure its validity and authenticity. (§551E-3)
Who Can Be an Agent for a Power of Attorney in Hawaii?
In Hawaii, an agent for a power of attorney must be an adult who is responsible, trustworthy, and capable of making decisions on behalf of the principal. The agent must not have any conflicts of interest or fiduciary duties that could interfere with their ability to act in the principal's best interests.
Additionally, the agent must be willing to accept the responsibilities and duties associated with acting as an agent, including managing the principal's affairs and making decisions that align with the principal's wishes.
How to Create a Hawaii Power of Attorney
Power of Attorney in Hawaii
#1. Decide on Which Type of Document to Use
When choosing a power of attorney, consider your needs and circumstances to determine which type of power of attorney in Hawaii best suits your situation.
#2. Select an Agent
When selecting an agent, choose someone who is trustworthy, reliable, and capable of making important decisions on your behalf. This could be a family member, friend, or professional advisor.
#3. Define the Agent’s Powers
The agent's powers should be clearly defined in the document based on your specific needs and preferences. For example, you might grant your agent the power to make financial decisions but not healthcare decisions, or vice versa.
#4. Download & Fill in Our Form
Our website provides a simple and easy-to-use power of attorney form that can be downloaded and filled out at your convenience.
#5. Get it Signed & Notarized
Acquire everyone's signatures, and don't forget to have the document witnessed or notarized if it's a medical power of attorney. This procedure ensures the legitimacy and legality of the document.
#6. Safely Store The Original Copy
Keep the original copy of your power of attorney in a secure and easily accessible location to ensure you can access the document when needed.
#7. Provide Copies to Relevant Parties
Depending on your specific needs and circumstances, you may need to provide copies of your power of attorney to relevant parties, such as your agent, banks, hospitals, or other institutions.
#8. Update the Document as Needed
Regularly review and update your POA to ensure that it accurately reflects your current needs and preferences.
How Long Does a Power of Attorney Last in Hawaii?
Unless otherwise specified, a power of attorney executed in Hawaii is effective immediately. If it takes effect after a certain time has passed, then that time must be specified. (§551E-5)
A power of attorney in Hawaii terminates when the principal dies, becomes incapacitated, revokes it, or the purpose is accomplished. An agent's authority terminates if they die, become incapacitated, resign, or when the principal revokes it.
The termination is not effective for the agent or others without knowledge. (§551E-6)
Hawaii Power of Attorney FAQ
When you require someone to act on your behalf in a variety of situations, from the medical to the real estate professions, you can use a power of attorney.
A power of attorney in Hawaii grants legal authority to someone else to act on behalf of the person who issued it, allowing the appointed person to make decisions and take action.
In Hawaii, a power of attorney does not need to be notarized to be legally valid.
Yes, you will need a will because a power of attorney does not cover the distribution of your property after your passing. A will ensures that your property is distributed according to your wishes and not solely based on the law.