Start a Hawaii Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.
Last Update May 18th, 2022
- Types of Power of Attorney in Hawaii
- How to Get a Power of Attorney in Hawaii
- Hawaii Power of Attorney Requirements
- Hawaii Power of Attorney Sample
- FAQs About Hawaii Power of Attorney Forms
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Types of Power of Attorney in Hawaii
There’s more than one type of Power of Attorney in HI and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.
The most common variants available in Hawaii include the following examples:
Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Hawaii’s tax office.
How to Get a Power of Attorney in Hawaii
A Hawaii Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Hawaii Power of Attorney Requirements
In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Hawaii Power of Attorney document before successfully putting it into action.
If you decide to live or travel to a different state and need a POA you will still be able to use it. Hawaii became one of the states to adopt (§ 551E) the Uniform Power of Attorney Act in 2014. If the other state observes the Uniform Power of Attorney Act, your POA will remain valid.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
For general and durable POAs It is essential that the principal acknowledges the signature before a notary public.
A notary public must also be present at the signing to notarize the document.
For more specific information on HI Power of Attorney signing requirements, check the Hawaii statutes.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Hawaii. They should also be someone that the Principal has full confidence in
Hawaii Power of Attorney Sample
Creating and putting a Power of Attorney into action in HI is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample Hawaii Power of Attorney below can help you understand the details included in this legal arrangement a little better.
FAQs About Hawaii Power of Attorney Forms
It is important to have a good understanding of what HI Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
Who Should Be Your Hawaii POA Agent?
When choosing the right Agent for your Hawaii Power of Attorney, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.
Who Can Override a Hawaii Power of Attorney?
There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.
If on the other hand, you wish to revoke the Hawaii POA of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.
What is the Difference Between a General and a Durable Power of Attorney?
The big difference between a Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your HI Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.
Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.