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Hawaii Power of Attorney Forms

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Hawaii power of attorney is a type of legal document that allows an individual, called the “principal” to confer authority upon another (the “agent”) to act in the principal’s place in certain circumstances and situations. Some powers of attorney are broad and can be used in wide ranging situations for an extended period of time, while others are specialized for a given situation or limited for a certain time period. Probably the most important thing to consider when using any of thessv-servis24.ru is who your agent will be. Is the person trustworthy, responsible and available? These are considerations that you must take into account as the agent will be making decisions that affect you and your assets.

Laws

Types

Advance Health Care Directive (Medical POA) – This form allows a person to choose certain an agent to make healthcare decisions when the principal is no longer able to make decisions.

Durable (Financial) Power of Attorney – This type of POA allows you to designate a trusted agent to continue to act on your behalf even in the event that you can no longer make decisions for yourself.

General (Financial Non-Durable) Power of Attorney – This form is different from a “durable” form in that it becomes void if the principal becomes incapacitated. The theory is that because the principal cannot decide to cancel the power of attorney after incapacity, then it should not be allowed to continue unless specifically specified.

Limited (Special) Power of Attorney – This type of POA, as the name suggests, is used for limited circumstances or time frames and they end upon completion of the task or time period.

Minor (Child) Power of Attorney – Allows appointment of a guardian for a minor in the event the parents anticipate being deployed or otherwise unavailable.

Power of Attorney for Revocation – This form is used to revoke any type of power of attorney, however, in addition to filling it out and signing it, the principal must notify the agent of cancellation and any institutions that may be relying on the original POA.

Real Estate Power of Attorney – To be used when a landlord would like to designate someone else to handle the purchase and sale of their property. May also be used for the agent selected to manage the premises.

Tax Power of Attorney (Form N-848) – This form allows a principal to designate an accountant or other representative to represent them in front of the Department of Taxation.

Vehicle Power of Attorney – This form lets you appoint a person to represent you with matters involving your motor vehicle and the county motor vehicle department.

How to Write

1 – Obtain The Required Authority Form

The appropriate Hawaii authority form may be downloaded directly from this page using one of the links or buttons provided.  The form below the image on the right may be opened by clicking on any of the buttons beneath it. Make sure you have an up-to-date browser or the appropriate editing program, if you desire to work on-screen.

2 – Officially Designate The Primary Agent and Successor Agent

The Principal’s First, Middle, and Last Name should be reported along with any applicable Title or Suffix should be entered on the blank line just above the words “Name of Principal.”

Then, below the words “Name of Agent,” enter the Full Legal Name of the individual who the Principal wishes to Name as an Agent.

The next blank line, below the words “Agent’s Address,” must have the Agent’s Complete Address entered on it.

On the line beneath the words “Agent’s Telephone Number,” report a well-maintained Telephone Number where the Agent can be reached.

The heading titled “Designation of Successor Agent(s)(Optional),” supplies a clearly organized area where the Principal may appoint the Authority in this document to an individual that will step in as the Primary Agent should the original Primary Agent resign, terminate, or otherwise be unwilling or unable to act as such. Find the words “Name of Successor Agent,” then enter the Full Legal Name” of the party the Principal wants to name as such.

The Successor Agent’s Address must be entered precisely on the second blank line in this section.

Fill-in the Current Telephone Number where the Successor Agent may be reached easily.

3 – Grant Powers In Subjects Of General Authority

While it is crucial to this document to Name a Primary Agent, and possibly a Successor Agent, it should be equally as imperative for the Principal to indicate what General Subjects the Agent may use the Granted Authority in. The titled section, “Grant of General Authority,” will enable the Principal to go through a list of subjects then intentionally grant the Authority to deal in these Subjects by initialing the blank line preceding the Subject Matter.

The Authority to deal with or take action, in the Principal’s Name, with the Principal’s Real Property will be granted to the Principal’s Agent once the Principal initials the first Item.

The Tangible Personal Property of the Principal may be acted on by an Agent wielding Principal Power, once the Principal initials the blank line preceding the words “Tangible Principal Property.”

The Agent will be given the Authority to deal in the Principal’s Stocks and Bonds after the Principal initials the line item “Stocks and Bonds.”

The Principal may empower the Agent with his or her authority relating to Commodities and Options once, he or she initials the line “Commodities and Options.”

Banks and Financial Institutions will be required, by the Principal, to recognize the Agent’s Principal Authority if the Principal initials the line “Banks and Other Financial Institutions.”

The Operation of an Entity or Business where the Principal has the right to exert Authority may be acted upon by the Agent, when using Principal Authority, if the Principal initials the line preceding “Operation of Entity or Business.”

If the Agent is to handle the Principal’s Insurance and Annuities with Principal Authority, the Principal will need to initial the “Insurance and Annuities” line.

If the Principal will appoint the Agent with the Principal Power to manage his or her Estates, Trusts, and Other Beneficial Interest, then he or she should initial the line item “Estates, Trusts, and Other Beneficial Interests.”

Principal Authority regarding the Principal’s Claims and Litigation will be appointed to the Agent when the Principal initials the line item “Claims and Litigation.”

The Principal should initial the parentheses for the line item “Personal and Family Maintenance,” if the Agent should be able to exert power in the Grantors’ Personal life.

The Principal’s Benefits from Governmental Programs and/or Civil or Military Service may be acted upon by the Agent when the Principal grants Principal Authority by initialing the blank space preceding “Benefits from Governmental Programs or Civil or Military Service.”

The Principal will designate the Power to wield Principal Authority regarding his or her Retirement Plans by initialing the line item “Retirement Plans.”

The Agent will gain Principal Authority when representing the Grantor, if the Principal/Grantor initials the “Taxes” line.

All of these powers may be granted in one fell swoop by having the Principal initial the blank line just before the words “All Preceding Subjects.”

4 – Approve Specific Actions Of Authority For The Principal

The next task the Principal must tend to is defining the specific actions the Agent being designated with Principal Authority may take on his or her behalf. This will be done utilizing the list below the “Caution” paragraph. The Principal will need to go through this list, personally, then initial the blank line preceding each Definition of Action. Only the Principal’s Initials will validate the designation of a specific Action.

The first blank line will give the power to “Create, amend, revoke, or terminate an inter vivos trust.” The Principal should initial this line if he or she wishes to give the Agent this power.”

If the Agent should have the power to “Make a gift, subject to the limitations of the Uniform Power of Attorney Act,” the Principal will need to initial the second line.

The Principal must initial the third item so the Agent may have the right to “Create or Change Rights of Survivorship.”

The Agent may “Create or Change a Beneficiary Designation” on behalf of the Principal, once the Principal initials the fourth item.

Should the Agent be expected to Authorize other parties to exercise Principal Authority if or when the need arises, the Principal will need to initial the fifth line to approve such power to the Agent.

The Principal should initial the sixth line, item if he or she wishes to grant the Agent the Power to “Waive the Principal’s right to be a beneficiary of a joint and survivor annuity, including survivor benefit under a retirement plan.”

If the Principal wishes to grant the Agent to “Exercise fiduciary powers that the principal has authority to delegate” then he or she must initial the last item.

The Principal may choose to provide additional special instructions regarding this paperwork, its contents, and its execution by directly entering these instructions on the blank lines below the words “Special Instructions (Optional).”

5 – Nominate A Conservator For The Principal Estate

The Statement “Nomination of Conservator or Guardian (Optional)” will give the Principal an opportunity to Nominate a Conservator or Guardian to his or her Person/Estate should the courts decide this is necessary.

If the Principal intends to nominate an individual, for the court’s consideration, to be the Guardian of his or her Estate, the Nominee’s Full Legal Name should be entered on the blank line just beneath the words “Name of Nominee for Conservator or guardian of my estate.”

The Nominee of the Principal should also have his or her Address presented on the blank line underneath the words “Nominee’s Address.”

Finally, the blank line underneath “Nominee’s Telephone Number” will require a reliable Telephone Number where the Nominee can be contacted entered.

The next Nomination the Principal may make on this form will be for the Guardian of his or her Person. The Principal may nominate a specific individual to act as his or her Personal Guardian on the blank line titled “Name of Nominee for guardian of my person.”

This Nominee must have his or her Address entered on the next line.

On the final line, “Nominee’s Telephone Number,” report the Phone Number where this entity will be reached in a reliable fashion.

6 – Provide The Validated Signature Approval

The blank line labeled “Your Signature” should be Signed and Dated by the Principal.

Below this, the Principal should Print his or her name.

Finally, the Principal must enter his or her Address and Telephone Number.

The blank line beginning with “State of” will begin Notary Public section. Here, the Notary Public attending the Signing of this paperwork will have a clearly defined area where notarization may occur.

Finally, the individual who has filled out this document should provide his or her Name and Address just below the words “This document was prepared by.”



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