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Durable Power of Attorney Form | Hawaii

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Updated on May 4th, 2023

A Hawaii durable power of attorney form allows a resident of Hawaii to elect an agent (or attorney-in-fact) to make financial decisions and perform transactions on their behalf. All decisions made by their selected agent must do so for the sole benefit and best interest of the principal. The durable nature of the document enables the agent to continue to manage the principal’s finances following their incapacitation.

For this reason, it is usually a family member or trusted professional who is granted the authority to act on the principal’s behalf for this type of power of attorney.

The form allows the principal to select the agent to do any or all of the following:

  • Real Property
  • Tangible Personal Property
  • Stocks and Bonds
  • Commodities and Options
  • Banks and Other Financial Institutions
  • Operation of Entity or Business
  • Insurance and Annuities
  • Estates, Trusts, and Other Beneficial Interests
  • Claims and Litigation
  • Personal and Family Maintenance
  • Benefits from Governmental Programs or Civil or Military Service
  • Retirement Plans
  • Taxes

Laws

  • “Durable” Definition (§551E-1) – “Durable” means not terminated by the principal’s incapacity, with respect to a power of attorney.
  • Statute – §551E-3 (Power of attorney)
  • Signing Requirements (§551E-3(b)) – Must be signed in the presence of a notary public.