Hawaii Power of Attorney Forms

Hawaii Power of Attorney Forms are legal documents that allow for the nomination of an individual with decision-making powers on behalf of the person completing the form (the “principal”). There are numerous reasons why a principal may choose to nominate an agent (the person receiving the powers), of which include the principal having a lack of time, travel commitments, anticipating future health problems, a need to have their tax matters handled, and much more.

Types

Advance Health Care Directive (Medical POA) – Referred to as an Advance Health Care Directive or Medical Power of Attorney, the form nominates a representative regarding the principal’s health care decisions.

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Durable (Financial) Power of Attorney Form – The standard document for assigning sweeping powers over finances. Unlike the general POA, the form is upheld continuously regardless of the principal’s mental or physical state.

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General (Financial) Power of Attorney Form – Used for granting power over financial-related decisions. Very similar to the durable POA with the exception that form automatically terminates in the event the principal becomes incapacitated.

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Limited (Special) Power of Attorney Form – A precise form that limits the scope of the agent’s power to one (1) or a few specific tasks. Is not durable, meaning it will terminate if the principal becomes incapacitated.

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Minor Child Power of Attorney Form – A contract that allows parents to give legal consent to another party to act in their place, for the purpose of guaranteeing the care of their child(ren) when they are not present.

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Motor Vehicle Power of Attorney Form – Makes it possible for a motor vehicle to be legally bought, sold, or managed by another party elected by the creator of the form.

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Real Estate (Property) Power of Attorney Form – Allows a principal to designate powers over the managing, selling, or buying of real estate to another party.

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Revocation of Power of Attorney Form – Withdraws an active POA. Must be signed by the principal and delivered to the agent electronically, by mail, or in person.

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State Tax Power of Attorney Form – Used by taxpayers to assign a representative with the power to handle all tax matters.

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What is a Hawaii Power of Attorney?

Hawaii Power of Attorney is a legal document that allows a Hawaiian citizen to nominate another individual with decision making powers over a certain area of their life.

  • Hawaii Power of Attorney Laws: (Ch. 551E, “Uniform Power of Attorney Act”)
  • State Definition of Power of Attorney (§ 551E-1): “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.”
  • Signing Requirements (§ 551E-3): Must be acknowledged by a Notary Public.

Sample