Hawaii Power of Attorney Form

What Is a Power of Attorney?

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.

How To Get a Hawaii Power of Attorney Form

You have two options for creating a power of attorney. One is to hire an estate planning attorney to draft the document for you. You can also download a form and complete it.

If you decide to download a form, here are the steps you need to take to finish it:

1. 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.
2. 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. Most powers of attorney grant financial, business, and personal powers to the agent so they can act just as you would do if you were there. You can also appoint two agents and divide the duties. For example, you can have your spouse handle personal bank accounts, financial affairs, and childcare issues while your business partner handles partnership and fiduciary matters.
3. 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.
4. 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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.