Hawaii Power of Attorney
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Hawaii Legal Requirements
Key HI statutes and obligations that apply to your power of attorney.
Requirements
- Hawaii Uniform Power of Attorney Act (HRS Chapter 551E) governs durable POAs
- Must be signed by principal and notarized; two witnesses required for health care POAs
- Durable POA remains effective upon incapacity unless expressly revocable
- Financial POA becomes effective immediately unless springing language used
- Agent must act in principal's best interest and keep records of transactions
Restrictions & Limits
- Agent cannot make gifts to themselves unless expressly authorized in the document
- Agent cannot change the principal's will or create/revoke trusts unless authorized
- Health care POA (HRS §327E) governs medical decisions separately from financial POA
- Third parties (banks, title companies) may require their own POA forms or acknowledgments
- POA automatically terminates upon principal's death
Official Statute References
Primary Hawaii statutes governing this document type.
Hawaii Power of Attorney FAQ
Common questions about power of attorneys under Hawaii law.
Does Hawaii recognize durable powers of attorney?
Yes. Hawaii's Uniform Power of Attorney Act (HRS Chapter 551E) expressly provides for durable POAs that survive incapacity. The document must include language substantially like 'This power of attorney shall not be affected by the subsequent disability or incapacity of the principal.' Notarization is required.
What is a health care surrogate in Hawaii?
Hawaii's Uniform Health-Care Decisions Act (HRS §327E) allows you to appoint a health care agent via a written advance directive. This is separate from a financial POA. The health care agent can make medical decisions, including end-of-life decisions, if you are incapacitated. Two witnesses are required; the agent cannot be a witness.
Can a Hawaii POA be used for real estate transactions?
Yes, but the POA must specifically authorize real estate transactions. For recording with the Bureau of Conveyances, the POA itself must be recorded or a certified copy submitted with the deed. Title companies often require the POA to be recorded. Military personnel can use special POA forms under the Servicemembers Civil Relief Act.
How do I revoke a power of attorney in Hawaii?
Revocation must be in writing and signed before a notary. Deliver the revocation to the agent and any third parties (banks, etc.) who received the original POA. Record the revocation with the Bureau of Conveyances if the original was recorded for real estate. Destroying the original document alone is insufficient if copies exist.
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Power of Attorney by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.