The Hawaii durable power of attorney (DPOA) is a document used to authorize another person to take certain decisions or actions on behalf of the person issuing the durable power of attorney.
A person issuing a power of attorney is called the principal, while the person acting on behalf of the principal is often called the agent or attorney-in-fact.
The term durable means that a power of attorney remains valid even if the principal becomes incapacitated or is otherwise unable to act and make decisions.
The principal should issue a durable power of attorney in any situation where they cannot represent themselves. This can be due to a physical or mental disability, like dementia or Alzheimer’s disease, or the principal's change of location.
Durable Power of Attorney Laws & Requirements in Hawaii
Laws & Requirements
Signing requirements: The principal must sign the document before the notary public. In Hawaii, no witnesses are required when signing a durable power of attorney.
Statutory form: The Hawaii Statutes provide the statutory form for a durable power of attorney at § 551E‑51.
“Durable” definition: According to the Hawaii Statutes, “Durable” means not terminated by the principal’s incapacity with respect to a power of attorney. (§ 551E-1)
How to Fill out a Durable Power of Attorney in Hawaii
#1. Designate an Agent
Firstly, insert the full name and mailing address of the principal and the agent. If necessary, you can enter the ID and professional license number of the agent.
When choosing an agent, you should look for a person who is of legal age and has the legal capacity to represent you. Moreover, they should be trustworthy and willing to represent your interests.
In some cases, when you need someone to represent you in legal or tax-related matters, you should choose a person who has professional knowledge in these matters, like a lawyer or an accountant.
#2. Grant Authority
After designating the agent, you should define the scope of authority the agent can have.
Here, you will have a few options:
Scope of Authority
General authority. This will enable the agent to take all the necessary actions and represent you before all the third parties. You can also limit the general authority by providing a list of activities the agent is not authorized to take.
Partial authority. This option will enable the agent to perform only the activities you explicitly authorize them for. You can do so by signing your initials next to each activity you want your agent to be able to do. The list of activities is provided in the durable power of attorney form.
Specific authority. Here, you can describe in your own words the scope of authority you want your agent to have. This gives you more flexibility since you can authorize the agent to take actions not listed in the list of actions on the durable power of attorney form.
#3. Ensure the Form is Durable
In Hawaii, a power of attorney is presumed to be durable by default. If you want your power of attorney to be non-durable, you must specify it in the document.
#4. Sign the Form
The principal must sign the Hawaii durable power of attorney before the notary public. In Hawaii, no witnesses are required when signing a durable power of attorney.
#5. Notarize the Form
The notarization of a durable power of attorney is mandatory in Hawaii. By notarizing the document, the notary public will acknowledge the principal's signature on the document as well as the document's authenticity.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, make sure you keep the original in your possession and in a safe place.
You can give one copy to the agent so they can prove their capacity to any third party they interact with on your behalf.
How to Revoke a Durable Power of Attorney in Hawaii
You can revoke your durable power of attorney as long as you have the legal capacity. The best way to revoke the Hawaii durable power of attorney is to draft and sign the revocation letter.
The letter should include the full name and address of the agent and the date of issuance of the power of attorney you wish to revoke. Additionally, you can include other information that will individualize the power of attorney you want to revoke.
For the revocation to take effect, you should give one copy to the agent and to every third party the agent interacts with on your behalf.