Hawaii Real Estate Power of Attorney Form

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Hawaii real estate power of attorney is a legal form used by homeowners (or soon-to-be homeowners) to provide another person with the temporary right to purchase, sell, mortgage, and/or manage property on their behalf. It is a type of limited POA in that it is used for permitting specific actions instead of providing general decision-making powers. The person the principal selects (the agent) can be anyone they trust, although it is important the agent has experience in carrying out the responsibilities requested of them.

Requirements:

  • Homeowner or buyer must be at least 18 years old;
  • Be in control of their actions and of a sound mental state;
  • Have a ready and able agent ready to perform the duties as stated in the POA.

Laws§ 551E-34



When should it be used?

It should be used whenever the principal (owner or buyer) will be unable to perform certain duties regarding real estate. This can include signing documents, depositing or withdrawing money, evicting tenants, meeting with clients, and much more. It should not be used for long-term planning, as it is NOT durable. In other words, if the principal were to become incapacitated (can’t communicate effectively), the POA would terminate.