Hawaii Power of Attorney Form Create Hawaii Power of Attorney Form

Hawaii Power of Attorney Form

Updated Mar 07, 2026 5 (1) 6 Downloads

A Hawaii Power of Attorney Form is a legal document that authorizes one person to act on behalf of another in legal or financial matters.

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HAWAII POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, Chapter 551E, Hawaii Revised Statutes.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, , with a mailing address of , name the following person as my agent:

Name of Agent:
Agent's Address:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, Chapter 551E, Hawaii Revised Statutes:

(Check each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have CHECKED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. CHECK ONLY the specific authority you WANT to give your agent.)

V. LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

Your Signature: _________________________
Date:
Print Name: _______________
Address: _______________
Telephone Number:

What is a Hawaii Power of Attorney Form?

A Hawaii Power of Attorney Form is a legal instrument that grants a designated individual, known as the agent or attorney-in-fact, the authority to act on behalf of another person, referred to as the principal. This document is utilized to ensure the proper management of the principal's financial, property, or healthcare affairs, particularly in the event of their absence or incapacitation. Residents of Hawaii use this form to establish a fiduciary relationship where the agent is legally bound to act in the principal's best interests, with the scope of authority ranging from specific, limited transactions to broad, durable powers that persist through disability.

Legal Framework and the Uniform Power of Attorney Act

The governance of power of attorney documents in the state is primarily dictated by the Hawaii Uniform Power of Attorney Act (UPOAA). Enacted to provide consistency and clarity, this legislation is codified in Chapter 551E of the Hawaii Revised Statutes (HRS). The UPOAA outlines the statutory requirements for creating a valid document, the duties of the agent, and the protections afforded to third parties who rely on the power of attorney. It is important to note that while Chapter 551E covers financial and property matters, authority regarding medical decisions is generally governed separately under the Uniform Health-Care Decisions Act found in HRS Chapter 327E, often referred to as an Advance Health Care Directive.

Requirements for Validity

For a Hawaii Power of Attorney Form to be legally enforceable, it must adhere to specific execution formalities mandated by state law. Under HRS § 551E-105, the document must be signed by the principal or by another individual in the principal's conscious presence and at their direction. For the document to be durable and generally accepted by third parties such as banks and title companies, the principal's signature must be acknowledged before a notary public. While witnesses are not strictly required for financial powers of attorney under the UPOAA, having the document notarized creates a presumption of genuineness that facilitates the agent's ability to transact business. Mental capacity is a prerequisite; the principal must understand the nature and consequences of the document at the time of signing.

Agent Duties and Fiduciary Standards

When an individual accepts an appointment under a Hawaii Power of Attorney Form, they assume a fiduciary role. This imposes a strict legal obligation to act in good faith, within the scope of authority granted, and in accordance with the principal's reasonable expectations and best interests. Under Hawaii law, the agent is required to act loyally for the principal's benefit, avoid conflicts of interest that impair their ability to act impartially, and act with the care, competence, and diligence effectively exercised by a prudent person. Unless the document specifically provides otherwise, an agent must also keep a record of all receipts, disbursements, and transactions made on behalf of the principal.

How to Execute a Hawaii Power of Attorney Form

  1. Selection of the Agent – The principal must identify a trustworthy individual, often a spouse, adult child, or close friend, who is willing and capable of managing financial or legal affairs. It is advisable to also select a successor agent to step in if the primary agent is unable or unwilling to serve.
  2. Determining the Scope of Powers – The principal must decide whether to grant general authority over all subjects listed in the statute (such as real property, banking, and taxes) or to limit the authority to specific areas. This involves reviewing the statutory list of powers and selecting those that apply.
  3. Drafting the Document – The form is prepared using language compliant with HRS Chapter 551E. Many principals utilize the statutory form provided within the legislation to ensure compliance, although custom-drafted forms by attorneys are also permitted.
  4. Signing and Notarization – The principal signs the document in the presence of a notary public. The notary acknowledges the signature, which is a critical step for the document's durability and acceptance by financial institutions.
  5. Distribution and Safekeeping – The original document is typically kept by the principal or their attorney, while copies are provided to the agent and relevant third parties, such as banks or investment firms, to place the authority on file.

Revocation and Termination

A Hawaii Power of Attorney Form does not last indefinitely unless specified. The authority granted terminates automatically upon the death of the principal. Furthermore, a competent principal retains the right to revoke the power of attorney at any time. This revocation should be done in writing and delivered to the agent and any third parties who have the original power of attorney on file. Under Hawaii statutes, the filing of an action for divorce or annulment automatically terminates the authority of a spouse designated as an agent, unless the power of attorney document explicitly states otherwise.

FAQs

Recording is generally not required for the document to be valid between the principal and the agent. However, if the agent intends to use the power of attorney to handle real estate transactions, such as buying or selling property, the document must be recorded with the Hawaii Bureau of Conveyances.
No, the authority granted under a Hawaii Power of Attorney Form ceases immediately upon the death of the principal. After death, the management of the deceased's estate becomes the responsibility of the executor or personal representative named in the will or appointed by the probate court.
A financial Power of Attorney, governed by the UPOAA, handles assets, banking, and legal contracts. A medical Power of Attorney is part of an Advance Health Care Directive under HRS Chapter 327E and specifically authorizes an agent to make healthcare decisions and access medical records.
Yes, under the Uniform Power of Attorney Act, a power of attorney executed in another state is valid in Hawaii if it complied with the laws of that state at the time of execution or if it complies with the execution requirements of Hawaii law.
generally, no. Unless the Hawaii Power of Attorney Form expressly grants the authority to make gifts or change beneficiary designations, and doing so is in the principal's best interest, transferring assets to oneself is often considered a breach of fiduciary duty and self-dealing.
The principal can revoke the document by executing a formal revocation of power of attorney, destroying the original document, or executing a new power of attorney that explicitly revokes the previous one. Notice of the revocation must be provided to the agent and any institutions where the document was used.

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