Updated August 08, 2023
A Hawaii general (financial) power of attorney serves as proof that one individual wishes to grant another the ability to represent them over financial affairs or property. This form is intended to assist someone when they are going to be away and unavailable, otherwise unable to act for themselves, or simply require a representative agent to safeguard their affairs as a matter of convenience in day-to-day life.
Laws
- Statutes – Uniform Power of Attorney Act (§§ 551E-1 — 551E-63)
- Authority (HRS § 551E-31) – An agent under a power of attorney may act on behalf of the principal and exercise broad authority as granted by the agreement.
- Signing Requirements (HRS § 551E-3) – Notary Public.
How to Write
Download: PDF, MS Word, OpenDocument
Obtain The Principal’s Authority Form
The Authority form the Principal must review, fill out, and sign is available directly below the file preview image on the right. Simply click on the button below this image to open this document.
2 – Defining The Grantor And Grantee Identities
Below the Title of this document, enter the Full Name of the Principal granting power to the agent.
Enter the Full Name of the Principal, exactly as it was recorded in the title, on the first blank line.
On the blank space just before the words “street address,” enter the Principal’s Address of Residence
The next space, following the word “…of,” should have the State where the Principal resides entered.
The Name of the Principal’s Agent, or Attorney-in-Fact, should be displayed on the blank space after the phrase “…hereby designate.”
Continue the report on the Principal’s Agent by entering his or her Street Address and State of residence on the next two blank lines.
3 – Approving General Topics Of Authority
The Power of the Principal may be appointed to the Attorney-in-Fact (Agent) with the Principal’s Approval through the signed execution of this document. The Principal will need to go through Section “I. Powers” and initial the blank space corresponding to each Power he or she wishes to grant the Attorney-in-Fact. Any power the Principal does not wish to appoint the Agent with should not be initialed by the Principal.
If the Principal desires to grant the “Power to Make Payments or Collect Monies Owed” on his or her behalf to the Attorney-in-Fact, he or she will need to initial the First Item.
The Principal must initial the second subject if he or she will appoint the Agent with the “Power to Acquire, Lease and Sell Personal Property.”
The Principal should initial the third item if the Attorney-in-Fact must have the “Power to Acquire, Lease and Sell Real Property” in his or her name.
The fourth subject matter will grant the Agent with the Principal Authority of “Management Powers,” once the Principal initials the blank line provided.
The fifth subject matter will give the Agent Principal Banking Powers, once it is initialed by the Principal.
If the Principal intends to give Principal Powers regarding “Motor Vehicles” to the Attorney-in-Fact, then he or she must initial the sixth subject matter.
The seventh subject of authority, “Tax Powers,” will give the Principal’s Attorney-in-Fact his or her Authority, once the Principal initials the blank space provided.
The eighth item will give the Agent access to the Principal’s Safe-Deposit Boxes, once the Principal initials the blank space provided.
If the Attorney-in-Fact should be appointed with “Gift Making Powers,” the Principal must initial the ninth blank space.
The Power to Borrow or Lend in the Principal’s Name will be granted to the Agent when the Principal initials the blank space in preceding the words “10. Lending and Borrowing.”
The Agent will wield Principal Power in the Principal’s “Contracts” once the Principal initials the blank space in Item 11.
The Principal will give the Agent Health Care Powers by initialing Item 12.
The Agent may act as the Principal’s Personal representative according to the Health Insurance Portability and Accountability of Act of 1996 by initialing the thirteenth subject.
The Principal may appoint the “Power to Hire and Pay for Services” to the Agent by initialing the blank space in the fourteenth subject of power.
The Agent will be eligible for reimbursement once the Principal initials Item 15.
If the Principal intends to give the Agent the “Power to Sue Third Parties Who Fail To Act Pursuant To Power of Attorney,” then he or she must initial Item 16
If the Principal intends to grant any additional Powers to the Attorney-in-Fact, this may be done in Item 17, “Other,” by simply entering such instructions directly.
4 – Declare The Effective Period Of The Granted Authority And Powers To The Agent
The next section, “III. Effective Date and Termination,” will seek a report on the Effective Time Period of the Power assigned in this document. If the powers in this form are delivered immediately upon the Principal’s Signature Authorization, the Principal will need to initial the blank line with the words “Upon the date…” following it.
If the Principal wishes the Powers in this document to be delivered on a Specific Date, he or she must initial the line with the words “The following…,” then enter the exact Date these Powers should be delivered to the Agent.
The next task will be to define when the Authority behind this document will terminate. This will be done when the Principal initials the appropriate choice. Locate the statement “To indicate when this document shall become terminated…” The Principal will need to initial one of the three statements.
If the Authority in this document should terminate upon a specific date, the Principal must initial the blank line with the words “On the following…,” then enter the Termination Date in the spaces provided.
If the Authority in this document should be terminated only upon a Written Revocation issued by the Principal, then he or she must initial the blank line with the words “When I have made a written revocation.”
If the Authority in this document automatically terminates upon the incapacitation (as diagnosed by a Physician) of the Principal, then he or she must initial the blank line with the words “When and if I become incapacitated….”
5 – Proving The Granted Authority To Third Parties
The “Third Party Reliance” section will finalize the Principal’s intent in this document through his or her signature. Before this task can be performed, the Principal must enter the Date he or she is signing this document in the statement, “In Witness Whereof…” There will be a space for the Calendar Date, Calendar Month, and Calendar Year of the Signature Date in this statement.
Once the Signature Date has been reported, the Principal must Sign his or her name on the line below the words “Principal’s Signature.”
The Printed Name of the Principal must be supplied on the next empty space.
The following page is titled “Acceptance of Appointment.” This section is strictly to provide the Attorney-in-Fact or Agent’s Acknowledgment of this designation of Principal Authority. The first statement will contain a blank space where the Agent’s Name must be entered. Below the words “Attorney-in-Fact’s Signature,” the designated Agent accepting the Principal Authority must sign and print his or her Name on the two blank spaces provided.
Once all the Parties have provided their Signatures, the attending Notary Public will fill in the “Acknowledgment of Notary Public” section with the required information and the Notarization Seal.