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Do I need a power of attorney in Hawaii?
A power of attorney document offers protection when the unexpected happens. You may become incapacitated due to an illness or injury, or a work assignment sends you out of the country for two months. In either case, you might need someone on the home front to pay bills, manage real estate, and manage your bank accounts.
With FindLaw, you can easily create a power of attorney.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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How to get a power of attorney in Hawaii
Understand how a POA works in Hawaii
A power of attorney is a legal document where the principal (you) appoints an agent or attorney-in-fact to act on their behalf. In Hawaii, powers of attorney are durable unless stated otherwise. “Durable” means the document remains effective no matter your disability or mental incapacity.
A general power of attorney delegates broad powers to an agent so they can do everything you would typically do. This type of power of attorney is the best way to ensure your affairs continue no matter what happens to you. You can also execute a limited power of attorney, which defines specific powers for an agent or limits power to a single transaction. It is up to you how to define your power of attorney.
If you want to appoint someone to handle health care decisions, you can do that by executing a medical power of attorney.
Pick an agent
Choose your agent carefully. You want someone trustworthy and knowledgeable who looks out for your best interest. Many people choose their spouse, live-in partner, best friend, close family member, or business partner to perform this role. Choose a successor agent, too, in case your primary one cannot perform these duties when you need them.
Assign duties
If you are using a power of attorney as a backup in case anything happens to you, assign broad powers to your agent. If, however, you only want your agent to be able to do specific things, like access your bank accounts, you can make that clear in your form.
Find a notary
State law requires that you sign your power of attorney in front of a notary public. You can find one at the financial institution where you hold your bank accounts or hire a mobile notary to visit you at your home or office. If you hire a law firm, it will have notary publics available on staff to acknowledge your power of attorney.
Provide copies
Once finalized, make copies of your power of attorney and provide them to your loved ones, agent, and anyone else affected by it. Store the original in a safe deposit box or locking fireproof cabinet. Let your agent know where you keep the original in case they need it for any reason.
If you decide to revoke your power of attorney, you can do so by executing a new one or signing a revocation of power of attorney form.
Frequently asked questions about powers of attorney in Hawaii
There are situations where powers of attorney may prove vital. These may include:
- Serving in the armed services
- Being diagnosed with a chronic or terminal medical condition
- Work in hazardous environments due to war, danger, or toxic chemicals
- Short-term assistance with a single transaction, like buying a car or closing on real estate
If you do not have a durable power of attorney, it places your life on hold and leaves personal matters neglected. In mental incapacitation cases, your loved ones may need to pursue a conservatorship to access your assets and manage your affairs. There is no guarantee that the court will choose a conservator you trust. Also, your loved ones will face financial hardship and emotional distress as the court process drags on. A power of attorney is a less expensive option that offers peace of mind.
You can find free power of attorney forms online. However, these forms may not have legal authority in Hawaii or be appropriate to your situation. Saving money on a free form could cost you or your loved ones unnecessary legal fees if it cannot work in this state.
A power of attorney form is often easy to complete. However, there are circumstances when you should consult with an attorney. If you own a business, face financial conflict in your family, don’t know who to appoint as your agent, or face other circumstances that could complicate your situation, consider working with a lawyer.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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