Free Hawaii Power of Attorney Forms

Hawaii Power of Attorney By Type

Personal, business, legal, financial, and healthcare decisions can be made by the agent for the principal as long as they have a legally binding power of attorney that was drawn up by the principal. POAs differ in terms of the conditions for their validity and the types of decisions that the agent can make for someone else.

The durable power of attorney and healthcare or medical power of attorney are two of the most common POAs in the state of Hawaii.

• Durable Power of Attorney - The durable power of attorney continues to be relevant even after the principal becomes mentally incompetent. It gives the agent authority to perform various transactions for the principal, with the exception of healthcare-related matters. It helps ensure that the affairs of the principal won’t be affected by incapacity.
• Healthcare Power of Attorney - To ensure the principal’s continuous healthcare, even if they are unable to make decisions for themselves, a healthcare power of attorney or medical POA can be enforced. With a healthcare POA in place, the agent can decide on health-related matters for the principal, like medications, medical treatments, diet, and residential facilities. Like the durable POA, this document remains in effect before and after incapacity unless it specifies otherwise.

How To Get a Power of Attorney in Hawaii

To create a power of attorney in Hawaii, you need to decide on the POA you need. You can then download and customize a POA form. Choose an agent who agrees with the POA’s responsibilities. Finally, sign the document and have it notarized. Depending on the type of POA you need, you may also need two witnesses during the signing.

Hawaii Power of Attorney Laws

• Hawaii Revised Statutes Chapter 551E: Uniform Power of Attorney Act - The law contains provisions for the implementation of powers of attorney in Hawaii. It defines vital terminologies and discusses the applicability and appointment of agents. With regards to a durable POA, the law states: “A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal” (HRS §551E-3).
• Hawaii Revised Statutes §327E-3: Advance Healthcare Directives - The law describes how an adult or emancipated minor can authorize another to make medical decisions on their behalf. When it comes to appointing an agent, it states: “Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of the healthcare institution at which the principal is receiving care” (HRS § 327E-3).