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Hawaii Real Estate Power of Attorney Form

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Hawaii Real Estate Power of Attorney Form is the documentation used by a principal property owner (title holder of real property) when designating an attorney-in-fact/agent with the power to conduct the sale, closing, refinancing or even management of the principal’s real estate. Although this document is generally used for the purpose of providing permission to a real estate attorney to handle the closing of a sale, it may also be used for the election of an individual, real estate agent, or an attorney to do business on behalf of the principal on a regular basis. As the document is completed, it’s required that two witnesses provide a signature to the form. Once all of the signatures have been provided, the acknowledgment of a notary is also required.

Laws – Uniform POA Act, § 30

How to Write

1 – Open Or Download The Real Estate Powers Form

The paperwork required for a Principal to grant an Agent the authority to act on his or her behalf may be obtained from this page. Use the buttons under the preview image to obtain your copy.

2 – Record The Identity And Location Of The Granting Principal And The Attorney-In-Fact

The first spaces in the introduction will seal the Identities of the Principal and the Agent. The Principal, also known as the Grantor, is the person who will appoint Power of Authority to the Agent in his or her Real Estate Affairs. All of these items will need to be defined, beginning with the Name of the Principal. Report the Name of the Principal on the first empty line in this paragraph.

Next, report the Street Address, City, and State where the Principal resides in the next three blank spaces.

Declaring the determined recipient of Principal Power, known as the Agent or Grantee, will be the next task to attend to. Introduce this entity by entering the Full Name of the Agent on the blank space after the word “…appoint.”

The next three spaces are reserved for the Grantee’s Street Address, City, and State. Each item will have its own pre-determined space.

3 – Approve Each Power Of Authority To Be Used By The Principal

Article I will be where we define what Principal Powers, exactly, will be granted to the Agent. Due to the nature of this document, it is important the Principal approve the granting of each Power to the Agent separately. The Powers that may be granted will be separated into four paragraphs. It will be up to the Principal to initial the paragraph detailing the Principal Authority that will be granted. There will also be a checkbox that must also be marked by the Principal. Each paragraph will seek a Physical Address and Legal Description of the Property that Power will relate to.

The first paragraph will have “Sale of Real Estate” as the subject. If the Principal wishes this Agent to have the Powers defined in this paragraph, then he or she must initial the blank space and verify this initialing by marking the checkbox. The two blank spaces in this paragraph will require the Physical Address then, the Legal Description of the Principal Property the Agent may wield the defined Authority in.

The second paragraph concerns itself with the Power for the “Purchase of Real Estate.” If the Grantor wishes the Grantee to have such powers, then he or she must initial and check this item. The first blank space in this paragraph must have the Physical Address of the Property the Grantee may wield such power with entered while the second blank line will require the official Legal Description of this property.

The third paragraph will grant powers in the “Management of Real Estate” concerning the Principal Property. If such powers should be granted, the Principal will need to initial the blank line and check the box provided. The Address where the Principal Property is located should be entered on the first blank line and the Legal Description will need to be supplied on the second blank line.

The fourth paragraph appoints Principal “Refinancing” powers to the Agent once the Principal initials and checks this paragraph. The Physical Address and the Legal Description of the Principal Property the Agent may act upon should be reported on the first and second blank spaces (respectively).

4 – Set The Period Of Effect And Durability Of Real Estate Power Granted

The next Article requiring input will be Article III. Here, we will define when the Powers appointed to the Agent will go into Effect and when the Powers appointed to this Agent will terminate in Effect. That is, for what period of time does the Principal expect the Agent to wield the Powers granted in this document. Three Choices will be provided for the Principal to review. Only one definition to the Period of Effect may be defined by the Principal’s Initials and Check Mark. if additional information is required, it should be supplied.

If the Principal chooses to enact this document immediately upon signing and have it terminate on a specific date, then Choice “a” must be initialed and checked. Additionally, the Date of Termination must be entered in the spaces provided.

If the Principal intends to be a Non-Durable Power of Attorney that goes into effect upon its Execution Date but will terminate upon the “incapacity, or death, or revocation” of the Principal then Choice “b” should be initialed and checked by the Principal. No further definition will be necessary for this option.

If this Power of Attorney should go into effect immediately and remain in effect unless the Principal dies or revokes it, then Choice “c” should be initialed and checked by the Principal.
5 – Supply The Proof Of The Principal Intent

The final Article requiring attention is Article VI. Here, the Principal or Grantor of Powers will directly revoke any previous Real Estate Authorities he or she has issued.

First, the Principal must document the Signature Date. He or she should find the statement containing the words “…executed this instrument this,” then enter the Day, Month, and Year of the Signing.

The Principal must Sign this Document on the Date indicated above. There will two specific blank lines where the Principal may Sign and Print his or her Name.

The Agent must also Sign this document on the Signature Date reported. There will be a blank line for the Agent’s Signature and one for his or her Printed Name.

6 – Executing This Real Estate Authority Appointment

The next two areas will require the attention of two types of additional parties: Witnesses and Notary Public. Both of these entity types will serve to validate this document’s signing by viewing and verifying this action through their credentials.

The two “Affirmation By Witness” sections will require the Printed Name of the Principal input on the blank space in the statement. If the Witness agrees with the statement, then he or she should provide his or her Signature and Printed Name on the blank spaces below the statement. Each Witness will have a separate section to do this (“Affirmation By Witness 1” and “Affirmation By Witness 2”)

The Notary Acknowledgment will be filled out by the attending Notary Public once all the Signatures named above have been supplied. Make sure the Notary Seal is present upon the completion of this section.


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