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Hawaii Springing Power of Attorney Form

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Updated May 20, 2024

A Hawaii springing power of attorney is a legal document that authorizes a person (agent) to make business and financial decisions for someone else (principal) only at the occurrence of some future date or event, including the principal becoming incapacitated.

Permitted in Hawaii?

Yes, a power of attorney created in Hawaii is permitted to become effective at a later date or when a future event happens.[1]

Signing Requirements

The principal (or a person directed by the principal) must sign the power of attorney in the presence of a notary public or other individual authorized by law to acknowledge signatures.[2]

“Incapacity” Definition

Incapacity” means the inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. HRS § 551E-5
  2. HRS § 551E-3(b)
  3. HRS § 551E-1