Power of Attorney in Hawaii
What a Hawaii power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Hawaii has adopted the Uniform Power of Attorney Act and provides a statutory form power of attorney. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. Haw. Rev. Stat. §§ 551E-3, 551E-51
| Financial power of attorney | Hawaii has adopted the Uniform Power of Attorney Act and provides a statutory form power of attorney. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. |
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| Health care directive | An adult or emancipated minor may give health care instructions (orally or in writing) and may sign a power of attorney for health care. The health care power of attorney must be in writing, dated and signed, and either signed by two witnesses or acknowledged before a notary public in Hawaii. Witnesses cannot be health care providers, their employees, or the agent, and at least one witness must be neither related to the principal nor entitled to inherit. The statute provides an optional Advance Health-Care Directive form. |
| Official power of attorney forms | For health care, the Hawaii Department of Health's Executive Office on Aging links to the Hawaii Advance Health Care Directive form in fillable and printable versions (hosted by Kokua Mau); electronic signatures are not accepted. |
Official forms
- State of Hawaii Statutory Form Power of Attorney (Haw. Rev. Stat. § 551E-51)
- Optional Advance Health-Care Directive form (Haw. Rev. Stat. § 327E-16)
- Optional Advance Health-Care Directive form (Haw. Rev. Stat. § 327E-16)
More Hawaii estate law
- Medical Power of Attorney in Hawaii
- Small Estate Affidavit in Hawaii
- Quitclaim Deeds and Transferring Property in Hawaii
- Who Inherits If You Die Without a Will in Hawaii
- How to Make a Valid Will in Hawaii
- How Probate Works in Hawaii
- Living Wills and Advance Directives in Hawaii
- Revocable Living Trusts in Hawaii
- Executor Duties in Hawaii
- Letters Testamentary in Hawaii
- Affidavit of Heirship in Hawaii
- How to Avoid Probate in Hawaii
- Transferring a Car After Someone Dies in Hawaii
- All Hawaii wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in Hawaii?
Hawaii has adopted the Uniform Power of Attorney Act and provides a statutory form power of attorney. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine.
What are the requirements for a health care directive in Hawaii?
An adult or emancipated minor may give health care instructions (orally or in writing) and may sign a power of attorney for health care. The health care power of attorney must be in writing, dated and signed, and either signed by two witnesses or acknowledged before a notary public in Hawaii. Witnesses cannot be health care providers, their employees, or the agent, and at least one witness must be neither related to the principal nor entitled to inherit. The statute provides an optional Advance Health-Care Directive form.
Where can I get a power of attorney form in Hawaii?
For health care, the Hawaii Department of Health's Executive Office on Aging links to the Hawaii Advance Health Care Directive form in fillable and printable versions (hosted by Kokua Mau); electronic signatures are not accepted.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.