Updated January 07, 2023
A Hawaii power of attorney for a minor child allows parents to designate caregiver(s) as responsible for making decisions on behalf of their children should the parents be unable to do so as per § 560:5-105. It is vital that parents using this template choose a relative or friend reliable enough to handle the authority and responsibility of making important decisions on the concerned child’s behalf (until the parents regain the ability to again care for their children on their own). The appointment may not exceed one (1) year. If more time is required, a new document must be executed just prior to the one-year expiration. This document may be revoked at any time in writing. If additional children must be added, use a separate sheet and attach it to the form.
Laws – § 560:5-105
How to Write
1 – Organize The Reference Material Then Open The Form
It will be necessary to make sure you have the current and up-t0-date information of all the involved parties. It should be considered crucial to this document’s execution that each individual’s information is recorded precisely. Once ready, open or download this form using the buttons on the right.
2 – Identify The Concerned Minor And Guardian Or Parent
The Full Legal Name of the Minor at the focus of this form should be clearly presented on the first line of this form.
The report on the Minor’s Identity will be further defined by recording his or her Birth Date utilizing the next three blank spaces.
The next items that must be reported will be concerned with the Identity of the individual who may grant Guardianship of the Minor to the intended Guardian in this form. Report the Full Name of this entity on the next blank line, then check either the box labeled “Parent” or the box labeled “Court Appointed Guardian” to indicate the status of the Grantor of Guardianship.
The Street Address, City, and State where the Grantor resides must be reported on the blank space following “…a street address of,” the blank space after “City of,” and the blank space after “State of” (respectively).
If a Co-Guardian or Co-Parent exist, this individual’s information should also be reported. There is a specific statement for this, immediately following the initial statement. Here, too, the Co-Parent’s Name, Status, Street Address, City, and State must be entered in the designated areas.
3 – Declare The Identity Of The Intended Guardian
Section II will provide the framework and necessary language to declare the Identity of the Attorney-in-Fact. Enter the Legal Name of the intended Guardian, or Attorney-in-Fact, in the space after “I/We hereby appoint.”
The Identity of the Attorney-in-Fact will be further detailed by providing the Attorney-in-Fact’s Relationship with the Minor on the space after the words “…who is the.”
The next three spaces will continue to detail the Identity of the Attorney-in-Fact with his or her Address. Report the Attorney-in-Fact’s Physical Address on the blank space after the words “…a street address of” then enter the City and the State where this Physical Address is located on the spaces after the words “City of” and “State of.”
4 – Specify The Authority Given To The Guardian
Section III will seek a definition to the Authority that shall be granted through the use of this form. If the Attorney-in-Fact wishes to empower the intended Grantee with full Guardianship, the Grantor must initial Choice “A” in Section III and check the box.
If the Principal wishes to grant Guardianship in Specific Matters of the Minor’s life, then he or she should initial Choice “B,” mark the checkbox, and specify in what areas the intended Guardian or Attorney-in-Fact will be given Authority in using the blank lines provided.
5 – Outline The Effective Term Of Guardianship
Section IV has been included to properly define the intended period when the Attorney-in-Fact’s Guardian Powers will be considered effective. The maximum amount of time Guardianship may be assigned to the Attorney-in-Fact is one year. Use the first three spaces to enter the Calendar Date when this document goes into effect and the last three spaces to indicate when the Power of Guardianship will terminate. Each Date should be reported as a Calendar Day, Calendar Month, and Calendar Year.
6 – Proving Parent/Current Guardian Intent And Authorization
Section V of this form will provide sever blank spaces so some necessary Signatures may be supplied properly. Each Parent (or current Guardian) must sign his or her Name on the blank line labeled “Parent/Court Appointed Guardian Signature.”
Below the Signature will be a designated space for the Principal to Print his or her Name and enter the Date of Signature. There will be enough room for two Parents or Current Guardians to do this.
The Attorney-in-Fact, designated in this paperwork, must Sign his or her Name on the “Attorney-in-Fact’s Signature” line. The Grantor must then Print his or her Name then, report the Date of Signing on the blank line labeled “Date.” This should be done below the “Acceptance by Attorney-in-Fact” statement.
Both the Grantor and Attorney-in-Fact’s Signature should be verified. this may be accomplished by making sure the Principal and Attorney-in-Fact’s Signing occurs in the presence of two observing Witnesses and a licensed Notary Public. Each Witness will have an “Affirmation by Witness” section of his or her own to fill out. Each section will need the Full Name of the Witness entered on the blank line in the state then, each Witness must provide his or her Signature, Printed Name and Signature Date in the spaces provided.
The last section may only be filled in by a Notary Public who has witnessed all the Signings provided in Section V.