What the rule says
Hawaii adopted the Uniform Power of Attorney Act effective July 1, 2014, codified at Haw. Rev. Stat. § 551E-1 et seq.
Default durability
A Hawaii POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Hawaii's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Hawaii law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Hawaii POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Hawaii separates property and healthcare frameworks. Healthcare decisions require a separate Hawaii Advance Health-Care Directive under Haw. Rev. Stat. § 327E-1 et seq.
What happens without a POA
If a Hawaii resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship under Haw. Rev. Stat. § 560:5-101 et seq.
What you can do about it
For Hawaii residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Health-Care Directive. - Update older POAs.
Who this affects most
Hawaii's POA framework is most consequential for Hawaii adults without executed POAs.