A Hawaii Power of Attorney (POA) is a legal document that permits another person to manage both legal and financial affairs on your behalf under specific conditions and scenarios.
EXAMPLE
Selling your property, accessing your financial accounts, and signing contracts.
In this case, the person appointing another person is the ‘principal.’ In contrast, the one assigned to act in place of the principal is the ‘agent.’ It is suitable for residents in all Hawaiian states. But since some POA can be pretty broad, they are personalized to fit particular situations specifically for an agreed period.
Or, in some cases, they are utilized in various scenarios for a more extended period. As you use these forms, you need to remember that your agent will present this legal document as confirmation that they can act in your interest.
For that reason, one of the critical factors to consider is who your agent will be. Your agent will be making judgments that will affect you and your possessions. Therefore, it’s crucial to have one who is at least accountable, dependable, and accessible.
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Reasons for Having a Hawaii POA
It’s crucial for everyone above 18 to have it. While it can be difficult to admit, there are times one might be unable to manage their affairs on their own, such times are almost inevitable.
There are several scenarios when a POA might come in handy including when you’re getting older and struggling with mobility issues. Or in other cases, if you intend to leave your house and enter an adult care facility.
Also, a POA is beneficial if you intend to live or travel to another country for a short period or in the long term. If you’re legally incapable or absent, a POA will help you give someone you trust the mandate to make crucial decisions and take legal actions on your behalf.
Therefore, whether you’re creating this in response to an immediate need or as a part of a long-term strategy, witnesses and notarization can help preserve the integrity of the document if called into question by a third party.
Types of Power of Attorney
There are undoubtedly different types depending on the powers they grant. That said, we can put these POAs in nine categories as follows:
Advance Health Care Directive POA Form
Download: Microsoft Word (.docx)
Durable (Statutory) Power of Attorney Form
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney Form
Download: Microsoft Word (.docx)
Limited Power of Attorney Form
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney Form
Download: Microsoft Word (.docx)
Revocation of Power of Attorney Form
Download: Microsoft Word (.docx)
Real Estate Power of Attorney Form
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
Download: Microsoft Word (.docx)
Vehicle Power of Attorney Form
Download: Microsoft Word (.docx)
How to Get Power of Attorney in Hawaii?
This section will cover how you can get it, which includes:
- The principle: The person giving their powers to an agent to act on their behalf
- An agent: The person receiving the powers. In situations where the first appointed agent cannot act, 2nd or 3rd agent may be involved
- The POA document: Will vary from one state to the other
- Signatures: The principal’s signature or any other individual directed by the principal to sign the document on their behalf in their conscious presence
- Witnesses: Depending on the states and the POA form, the principal and one or two witnesses’ signatures are acknowledged before a notary public. Witnesses, however, need to be individuals with no vested interest in the document. Therefore, they cannot be the agent or other person involved in the principal’s medical decisions.
For an individual to get it, the principal and the agent must discuss the powers to be given. Then, when that is agreed on, both parties need to fill out a form.
But before we proceed, note that for any individual to create and sign a POA form, they must be an adult who can read and comprehend the document’s requirements. Most importantly, the POA document must comply with the outlined rules in the Uniform Power of Attorney Act CHAPTER 551E.
As soon as the form is signed, witnessed, and notarized, it becomes effective unless specific dates or events are added. The POA stays active until a revocation form is filed and completed.
Frequently Asked Questions
While it is pretty straightforward, you or the agent you’re working with might still have a few questions. Working hand in hand with an attorney is a better option for such cases. They will offer expert guidance on how to handle the POA document and will answer any additional legal questions you or your agent might have.
The fees associated with hiring an attorney to get a POA on your behalf could range from $200-$500 in Hawaii, based on your state. The alternative is to the POA form for free online. It’s less time-consuming and cheaper than working with an attorney to get the form.
Hawaii power of attorney forms vary. Therefore, each POA document comes with its guidelines. The primary interaction is editing the POA, downloading it as a PDF or Word document, and signing it. The last step is to provide your signed copy of the POA to your agents and financial institutions.
Each state has its requirements governing the documents. However, Hawaii requires that POA forms should be notarized. Therefore, when the assigned agent participates in real estate transactions, the POA must be signed before a notary public. Alternatively, the POA should be filed or recorded within Hawaii.
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