Hawaii General Power of Attorney

State:
Multi-State
Control #:
US-04099BG
Format:
Word; 
Rich Text
Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.


An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.


A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.


A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.


A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

The choice between a general and durable power of attorney depends on your needs. A general power of attorney ends if the principal becomes unable to make decisions, while a durable power of attorney continues to function. If you are planning for the future and want to ensure your affairs stay managed under all circumstances, a durable power of attorney is typically the better choice. Accessing US Legal Forms can help you navigate which option suits you best.

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you're no longer able to or if you no longer want to make your own decisions.

While Hawaii does not technically require you to get your POA notarized, notarization is strongly recommended. Under Hawaii law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

While Hawaii does not technically require you to get your POA notarized, notarization is strongly recommended. Under Hawaii law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.

A POA ends automatically (1) if the agent dies or becomes incapacitated (e.g., becomes comatose), (2) if the principal dies, (3) if the principal revokes/cancels the POA, (4) whenever the document itself says it ends, (5) in one year for care or custody of minor children, or (6) if the principal become incapacitated (

The requirements governing PoA forms vary in each state; however, in Hawaii, your Power of Attorney will need to be notarized. If your agent will engage in real estate transactions, the Power of Attorney will need to be signed before a notary public and filed or recorded with the county.

A power of attorney (POA) is a signed and notarized document that lets one person give another the power to do certain things. The person giving a POA and powers to someone else is called the principal. The person who is receiving a POA and certain powers is called the agent or attorney-in-fact.

The Power of Attorney registration process includes the following formalities:Drafting of the Power of attorney whether general or special, by a.Submitting the POA with the Sub-Registrar.Attaching the supporting documents with the POA.Attesting the POA before the Registrar.Attesting of the POA by 2 witnesses.

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Hawaii General Power of Attorney