Hawaii General Durable Power of Attorney for Property & Finances (Upon Disability)

Hawaii General Durable Power of Attorney
for Property & Finances (Upon Disability)

PACKET GUIDE — NOT PART OF THE STATUTORY FORM — DO NOT RECORD

Hawaii Statutory Form Power of Attorney

Upon Disability (Springing)

(Hawaii Revised Statutes, Chapter 551E — Uniform Power of Attorney Act)

This packet builds on the Hawaii statutory form power of attorney (Hawaii Revised Statutes section 551E-51) under the Uniform Power of Attorney Act (HRS chapter 551E, effective January 1, 2015). The statutory form follows this guide. Read this guide, then remove it before signing and before recording: it is not part of the power of attorney.

A document "substantially" in the statutory form creates a power of attorney with the meaning and effect chapter 551E prescribes (HRS § 551E-51). This packet uses the statutory form with clearly labeled optional additions, each of which is described in this guide. Documented variances: the paired signature/date line is re-set as stacked lines so the fillable PDF fields do not overlap; a "Printed Name of Notary" line is added to the acknowledgments (HRS § 456-21); a governing-law line is added (HRS § 551E-3(f)); and a recording cover sheet is supplied as the last page of this packet.

Which version you purchased — Upon Disability (springing)

This instrument becomes effective ONLY UPON YOUR INCAPACITY. The first Special Instruction is pre-printed to say so, and it is part of this instrument: your signature adopts it. Do not delete that line. Use the remaining lines for any other instructions.

"Incapacity" is broader than "disability." Under HRS § 551E-1 it means you cannot manage your property or affairs because of an impairment, OR because you are missing, detained (including incarcerated), or outside the United States and unable to return.

Who decides you are incapacitated: if you complete the optional DESIGNATION OF PERSON TO DETERMINE INCAPACITY block, that person's written determination controls. If you leave it blank (or the person cannot or will not act), a written determination by a physician or licensed psychologist (impairment standard), or by an attorney-at-law, judge, or appropriate governmental official, makes the power effective (HRS § 551E-5(c)). The person you name may access your health-care information for this purpose (§ 551E-5(d)). Prefer someone other than your agent.

How to sign (the execution ceremony)

Sign in the physical presence of a Hawaii-commissioned notary (or another person authorized to take acknowledgments). No witnesses are required. An acknowledged signature is presumed genuine (HRS § 551E-3(b)), and acknowledgment is required before the instrument can be recorded for a real property transaction. Sign every page you are asked to sign in ink; initial the power lines in ink. The notary completes the acknowledgment, prints the notary's name and commission expiration, and stamps or seals the document (HRS § 456-21).

You may sign outside Hawaii: the instrument remains valid (HRS § 551E-3(d)), and the "State of / County of" lines should name the place you actually sign. The governing-law line keeps Hawaii law in control of meaning and effect (§ 551E-3(f)). A photocopy or electronic copy of the signed original has the same effect as the original (§ 551E-3(e)).

Choosing powers — initial to include

INITIAL each subject you want to include in the GRANT OF GENERAL AUTHORITY. To grant all thirteen subjects at once, initial ONLY "All Preceding Subjects" — do not also initial the individual lines. A line you do not initial is NOT granted. The GRANT OF SPECIFIC AUTHORITY powers (trusts, gifts, survivorship rights, beneficiary designations, delegation, annuity waivers, fiduciary powers) can significantly reduce your property or change how it is distributed at your death — initial only the ones you intend. The gift power is capped at the annual federal gift-tax exclusion (HRS § 551E-47). An agent who is not your ancestor, spouse, or descendant may not use your property for the agent's own benefit unless you allow it in the Special Instructions.

Cross out any Special Instruction lines you do not use so no one can write in them later. If you name co-agents in the Special Instructions, they act independently of each other unless you require them to act together (HRS § 551E-7).

Optional additional provisions (labeled elections)

Four elections appear after RELIANCE. A line left blank keeps the statutory default: (i) DIGITAL ASSETS — initialing expressly grants your agent authority over your digital assets, including the CONTENT of electronic communications (HRS §§ 556A-9 and 556A-10; the general grant alone reaches only the catalogue and non-content assets). An online tool you configure with a provider overrides this document (§ 556A-4(a)). (ii) REVOKE EARLIER POWERS — signing a new power of attorney does NOT revoke earlier ones (§ 551E-6(f)); initialing revokes your earlier property/financial powers of attorney, but never an advance health-care directive. (iii) NO COMPENSATION — by default your agent is entitled to reasonable compensation (§ 551E-8); initialing removes compensation but keeps expense reimbursement. (iv) DIVORCE-FILING CONTINUATION — if your agent is your spouse, filing for dissolution, annulment, or legal separation automatically ends the agent's authority (§ 551E-6(b)(3)); initialing keeps it in place despite a filing.

If the agent will deal with real estate: recording

A power of attorney for the transfer of Hawaii real property must be recorded with the statewide Bureau of Conveyances in Honolulu (Regular System), or in Land Court for registered land — NOT with a county recorder. Unrecorded, it does not bind third parties (HRS § 502-84). Record it BEFORE your agent signs a deed or mortgage. The Bureau reserves the top 3½ inches of the first recorded page and requires a return-address block (HRS § 502-31(e)); the RECORDING COVER SHEET at the end of this packet is built to those rules — complete it, detach it, and place it IN FRONT of the instrument when you record. Remove this guide and the cover-sheet instruction page first: a recorded instrument may not have a cover or backer attached. Include the parcel's Tax Map Key if recording against a specific property. If you revoke a recorded power of attorney, record the revocation the same way. Fees change — check the Bureau's current schedule.

Banks and others must accept this power of attorney

A person presented with this acknowledged power of attorney generally must accept it. Within seven business days they must accept it or request an agent's certification, a translation, or an opinion of counsel, and within five business days after receiving it they must accept (HRS §§ 551E-15 and 551E-16). They may not require a different form of power of attorney. A person who refuses improperly can be ordered to accept and can owe damages and attorney's fees. Limited exceptions exist — for example, actual knowledge of termination or a good-faith belief the power is invalid.

The Agent's Certification — optional, use when asked

The AGENT'S CERTIFICATION (HRS § 551E-52) is the last page of the instrument, with one spare blank copy after it. It is OPTIONAL: your agent accepts the appointment simply by acting (HRS § 551E-9), and does NOT need the certification to have authority. Third parties may, however, request a certification under penalty of perjury (HRS § 551E-15(d)(1)) — that is when the agent signs one, before a notary. Each person who acts as agent (including a successor) may need a separate signed certification; that is why the spare is included. The agent does not sign it at your execution ceremony.

Your agent's duties

Accepting this power creates a fiduciary relationship (HRS § 551E-10): the agent must do what you reasonably expect or act in your best interest, act in good faith, stay within the authority granted, act loyally and with care, keep records of receipts and transactions, cooperate with your health-care decision-maker, and try to preserve your estate plan. The agent signs as "(Your name) by (agent's signature) as Agent." Violations can make the agent liable for damages (§ 551E-13). An agent resigns by written notice (§ 551E-14).

Nomination of conservator or guardian

The optional NOMINATION section tells the court whom you want if a conservator or guardian is ever appointed; the court follows your most recent nomination absent good cause (HRS § 551E-4(a)). A later court appointment does NOT end this power of attorney unless the court limits, suspends, or terminates it (§ 551E-4(b)).

Health-care decisions are separate

This power of attorney does not authorize health-care decisions. Hawaii health-care decisions use an advance health-care directive under HRS chapter 327E.

Revocation, termination, and copies

Revoke in writing while you have capacity; deliver it to your agent and to every institution holding the power of attorney, and record the revocation if the instrument was recorded. This power of attorney ends at your death, on revocation, on a stated termination event, when its purpose is accomplished, or when no agent or successor can serve (HRS § 551E-6). A military power of attorney under 10 U.S.C. § 1044b is valid in Hawaii (§ 551E-3(d)(2)); this product is not one.

Statutory references

HRS chapter 551E (Uniform Power of Attorney Act): §§ 551E-1, -3, -4, -5, -6, -7, -8, -9, -10, -13, -14, -15, -16, -31, -47, -51, -52. HRS chapter 556A (Uniform Fiduciary Access to Digital Assets Act): §§ 556A-4, -9, -10. HRS §§ 502-31 and 502-84 (recording); HRS § 456-21 (notaries). Official text: www.capitol.hawaii.gov (Hawaii Revised Statutes, chapter 551E).

STATE OF HAWAII

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property, including your money, whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act in chapter 551E, Hawaii Revised Statutes.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

---

DESIGNATION OF AGENT

I ______________________________________________ name the following person

(Name of Principal)

as my agent:

_____________________________________________________

Name of Agent:

_____________________________________________________

Agent's Address:

_____________________________________________________

Agent's Telephone Number:

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

_____________________________________________________

Name of Successor Agent:

_____________________________________________________

Successor Agent's Address:

_____________________________________________________

Successor Agent's Telephone Number:

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

_____________________________________________________

Name of Second Successor Agent:

_____________________________________________________

Second Successor Agent's Address:

_____________________________________________________

Second Successor Agent's Telephone Number:

---

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act in chapter 551E, Hawaii Revised Statutes.

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(_____) 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

(_____) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

(_____) Create, amend, revoke, or terminate an inter vivos trust

(_____) Make a gift, subject to the limitations of the Uniform Power of Attorney Act under section 551E-47, Hawaii Revised Statutes, and any special instructions in this power of attorney

(_____) Create or change rights of survivorship

(_____) Create or change a beneficiary designation

(_____) Authorize another person to exercise the authority granted under this power of attorney

(_____) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(_____) Exercise fiduciary powers that the principal has authority to delegate

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

This product is the "Upon Disability" version. The first Special Instruction below is pre-printed and is part of this instrument — your signature adopts it. Use the remaining lines for any additional instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

This power of attorney becomes effective upon my incapacity, determined as provided in section 551E-5, Hawaii Revised Statutes.

_____________________________________________________

_____________________________________________________

_____________________________________________________

_____________________________________________________

[OPTIONAL ADDITION BELOW — not part of the enacted statutory form]

DESIGNATION OF PERSON TO DETERMINE INCAPACITY (OPTIONAL)

(Complete this block only because this instrument becomes effective upon your incapacity. If you leave it blank, or if the person you name is unable or unwilling to act, your incapacity is determined in a writing or other record by a physician or licensed psychologist, or by an attorney-at-law, judge, or appropriate governmental official, as provided in section 551E-5(c), Hawaii Revised Statutes. Consider naming someone other than your agent.)

I authorize the following person to determine in a writing or other record that I am incapacitated (section 551E-5(b), Hawaii Revised Statutes):

_____________________________________________________

Name:

_____________________________________________________

Address:

_____________________________________________________

Telephone Number:

The person designated above may act as my personal representative under the Health Insurance Portability and Accountability Act to obtain access to my health-care information and to communicate with my health-care providers for the purpose of making that determination (section 551E-5(d), Hawaii Revised Statutes).

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator or guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

_____________________________________________________

Name of Nominee for conservator or guardian of my estate:

_____________________________________________________

Nominee's Address:

_____________________________________________________

Nominee's Telephone Number:

_____________________________________________________

Name of Nominee for guardian of my person:

_____________________________________________________

Nominee's Address:

_____________________________________________________

Nominee's Telephone Number:

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

[OPTIONAL ADDITION — not part of the enacted statutory form] Governing Law: This power of attorney is governed by chapter 551E, Hawaii Revised Statutes (section 551E-3(f)).

---

OPTIONAL ADDITIONAL PROVISIONS

[The four elections below are additions offered with this packet and are not part of the enacted statutory form. INITIAL only the elections you want. A line left blank keeps the statutory default.]

(_____) Digital assets. I expressly grant my agent authority over my digital assets, including the content of electronic communications sent or received by me, as provided in sections 556A-9 and 556A-10, Hawaii Revised Statutes. (An online tool you configure with a provider overrides this grant — section 556A-4(a).)

(_____) Revocation of earlier powers of attorney. I revoke all powers of attorney for property and finances that I previously executed. This does NOT revoke an advance health-care directive or any other health-care document under chapter 327E, Hawaii Revised Statutes. (Without this election, signing this document does not revoke your earlier powers of attorney — section 551E-6(f).)

(_____) No compensation for agent. My agent shall not be entitled to compensation. My agent remains entitled to reimbursement of expenses reasonably incurred on my behalf. (Without this election, your agent is entitled to reasonable compensation — section 551E-8.)

(_____) Continuation despite divorce or separation filing. If my agent is my spouse, my agent's authority shall CONTINUE even if an action is filed for the dissolution or annulment of our marriage or for our legal separation. (Without this election, such a filing automatically terminates a spouse-agent's authority — section 551E-6(b)(3).)

---

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Your Signature

_____________________________________________________

Date

_____________________________________________________

Your Name Printed

_____________________________________________________

Your Address

_____________________________________________________

Your Telephone Number

State of __________________________________

County of ________________________________

This document was acknowledged before me on

_____________________________________________________

(Date)

by _____________________________________________________

(Name of Principal)

_____________________________________________________

(Seal, if any) — Signature of Notary

My commission expires: _________________________

Printed Name of Notary: _________________________ [addition — HRS § 456-21]

This document prepared by:

_____________________________________________________

_____________________________________________________

---

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, in chapter 551E, Hawaii Revised Statutes. If you violate the Uniform Power of Attorney Act in chapter 551E, Hawaii Revised Statutes, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

---

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of ___________________________________________

County of _________________________________________

I, _______________________________ (Name of Agent), certify under penalty of perjury that

_____________________________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a power of attorney dated _______________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) (Insert other relevant statements on the lines below)

_____________________________________________________

_____________________________________________________

_____________________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date

_____________________________________________________

Agent's Name Printed

_____________________________________________________

Agent's Address

_____________________________________________________

Agent's Telephone Number

This document was acknowledged before me on

_____________________________________________________

(Date)

by _____________________________________________________

(Name of Agent)

_____________________________________________________

(Seal, if any) — Signature of Notary

My commission expires: _________________________

Printed Name of Notary: _________________________ [addition — HRS § 456-21]

This document prepared by:

_____________________________________________________

---

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

SPARE COPY — USE FOR A SUCCESSOR OR ADDITIONAL ACTING AGENT

State of ___________________________________________

County of _________________________________________

I, _______________________________ (Name of Agent), certify under penalty of perjury that

_____________________________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a power of attorney dated _______________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(4) (Insert other relevant statements on the lines below)

_____________________________________________________

_____________________________________________________

_____________________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date

_____________________________________________________

Agent's Name Printed

_____________________________________________________

Agent's Address

_____________________________________________________

Agent's Telephone Number

This document was acknowledged before me on

_____________________________________________________

(Date)

by _____________________________________________________

(Name of Agent)

_____________________________________________________

(Seal, if any) — Signature of Notary

My commission expires: _________________________

Printed Name of Notary: _________________________ [addition — HRS § 456-21]

This document prepared by:

_____________________________________________________

RECORDING COVER SHEET — NOT PART OF THE POWER OF ATTORNEY — USE ONLY WHEN RECORDING WITH THE BUREAU OF CONVEYANCES OR LAND COURT

[The space above this note is reserved for the Bureau of Conveyances / Land Court (HRS § 502-31(e)). Do not write in it.]

Return this document to:

_____________________________________________________

Name:

_____________________________________________________

Address:

Type of document: Power of Attorney (statutory form, HRS chapter 551E)

_____________________________________________________

Principal (Grantor) — Name:

_____________________________________________________

Principal (Grantor) — Address:

_____________________________________________________

Agent (Grantee) — Name:

_____________________________________________________

Agent (Grantee) — Address:

_____________________________________________________

Tax Map Key (if recording against a specific parcel):

How to use this sheet: complete it, detach it from this packet, and place it IN FRONT of the power of attorney when you deliver the instrument for recording to the Bureau of Conveyances (Regular System) or the Assistant Registrar of the Land Court (registered land) in Honolulu. Remove the PACKET GUIDE pages first — a recorded instrument may not carry a cover or backer, and this sheet serves as the conforming first page. A power of attorney for the transfer of Hawaii real property must be recorded to bind third parties (HRS § 502-84); record it before your agent signs any deed or mortgage, and record any later revocation the same way.