The Hawaii durable power of attorney is a legal document that allows an individual (the “principal”) to appoint someone else (the “agent” or “attorney-in-fact”) to handle their financial affairs and make financial decisions on their behalf. It remains in effect even if the principal becomes incapacitated or unable to make decisions for themselves due to illness, injury, or advanced age.
The agent can handle a wide range of the principal’s financial transactions and assets, such as banking, investing, paying bills, filing taxes, and managing real estate and other property. The principal can tailor the durable POA to grant broad or limited powers to the agent based on their preferences. The document can be effective immediately upon signing or only upon the principal’s incapacity.
The durable aspect is important because it allows the agent to continue acting on the principal’s behalf if the principal becomes incapacitated, avoiding the need for a court-appointed conservatorship. Check out all Hawaii POA forms if you need to appoint an agent to handle health care issues or other matters.
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A durable power of attorney (POA) must meet certain signing requirements and comply with state laws to be legally valid. Hawaii has adopted the Uniform Power of Attorney Act, which provides legal guidelines for POAs in the state:
A power of attorney must be dated and identify the principal and agent by name. Also, photocopies or electronic copies of the original power of attorney are considered equally valid in Hawaii. The principal can revoke the POA at any time if they are mentally capable, and the document automatically terminates upon the principal’s death.
| Document Name | Hawaii Durable Power of Attorney Form |
| Other Names | Hawaii Financial Durable Power of Attorney, HI DPOA |
| Relevant Laws | Hawaii Revised Statutes, Section 551E-3 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
Following these guidelines will ensure your durable power of attorney is legally sound and enforceable in Hawaii.
Identify the person who you trust to act as your agent. This should be someone reliable and capable of handling financial matters prudently. Enter the full name of your chosen agent, along with their complete address and telephone number, in the designated sections at the beginning of the form.
It’s prudent to designate successor agents if your primary agent is unable or unwilling to perform the duties. Provide the names, addresses, and telephone numbers for up to two successor agents in the respective fields.
You must initial next to each category of powers you grant your agent. These categories include real estate transactions, financial institution transactions, and personal property transactions, among others. If you wish to grant all listed powers, you may simply initial next to “All Preceding Subjects.”
If you want your agent to perform specific acts such as making gifts or changing beneficiary designations, you must initial next to each specific authority you wish to grant. These actions can significantly impact your estate, so grant these powers cautiously.
This section allows you to provide customized instructions to your agent. These can include limitations, expansions of your agent’s powers, or other important details you want to observe.
Indicate when the power of attorney will become effective. If it’s effective immediately, no additional statement is needed. Specify this in the Special Instructions section if it has a different effective date.
Optionally, you may nominate a conservator or guardian for your estate or person if necessary. Fill out the name, address, and phone number of your nominee.
Your signature is required to execute the power of attorney. Sign the form in the presence of a notary public. Ensure that all entries are correct and reflect your wishes before signing.
The form must be acknowledged before a notary public who will verify your identity and signature. Provide the notary with the necessary identification, and ensure the notary completes their section of the form, including their signature and seal.
Once notarized, keep the original document secure and provide copies to your agent and any successor agents. It’s also wise to inform close family members or your attorney where the document is stored.
