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Hawaii Durable (Statutory) Power of Attorney Form

A Hawaii durable power of attorney form can be used to grant authority to another person expected to handle financial affairs, property, and assets. This type of power of attorney is referred to as "durable" because it continues even if the principal becomes unable to make decisions for themselves ("incapacitated").
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Updated July 16, 2024

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Signing Requirements

The principal is required to authorize their signature in the presence of a notary public. For an extra layer of certification, the agent may also complete the optional Agent Certification with their signature acknowledged in front of a notary public.[1][2]

Laws

Definition of “Durable”

“Durable” means not terminated by the principal’s incapacity, with respect to a power of attorney.[3]

Definition of “Power of Attorney”

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.[3]

Statutory Form

The Hawaii Revised Statutes contain a sample statutory form for a durable power of attorney at § 551E‑51.

Sources

  1. § 551E-3(b)
  2. § 551E-52
  3. §551E-1