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Hawaii Power of Attorney Forms

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Power of Attorney for Hawaii

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Hawaii Power of Attorney Laws

A Hawaii power of attorney (POA) is an essential tool that allows another person authority to handle important personal and/or financial matters when you can’t. You are called the principal or grantor, and your agent is called an agent, attorney-in-fact, or personal representative. You may create a limited power of attorney for handling a certain matter, such as selling a vehicle, buying a home, transferring shares of stock, etc. However, it’s also recommended to have a general power of attorney form that grants broad authority to a highly trusted agent in case an unexpected event, illness, or accident prevents you from taking care of important matters.
 

The Hawaii Statutes contain laws governing a POA. The following discussion explains some of the important things you should know about this document:

Durable power of attorney - A durable power of attorney form is one that isn’t cancelled by your later disability or incapacity, which will happen with a nondurable POA form. The form must be worded a certain way to qualify as a durable form, so that it shows your intent to have it remain effective even if you become incompetent or disabled. Whether you create a durable or nondurable form, you must be competent to understand the meaning of the form and its consequences at the time you sign it. Hawaii Statutes 551D-2

Health care power of attorney – You can create a durable health care or medical power of attorney that authorizes your agent to make medical decisions for you when you’re unable to communicate your wishes. To provide guidance for your agent, you can specify what your preferences are regarding medical treatments, life-sustaining measures, anatomical donation, etc. Hawaii Statutes 551D-2.5, Hawaii Statutes Chapter 327E

Revocation – You may revoke the POA at any time. You should provide written notice of revocation to your agent, as well as any person or institution the agent has been dealing with on your behalf. Actions taken without notice of the revocation will be deemed valid. Your death will automatically revoke the form. You may also include terms in the form for its termination upon a certain date or specified event. Hawaii Statutes 551D-4

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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