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Hawaii Durable Power of Attorney

In Hawaii, rules dealing with durable power of attorney are dealt with in Section 551E et seq (Uniform Durable Power of Attorney Act).  Durable power of attorney is defined in Section 551E-1 to mean a power of attorney by which a principal designates, in writing, another as the principal’s attorney.  The power of attorney should not be affected by the disability of the principal.  Further, the power of attorney will be valid even after the principal’s subsequent disability or incapacity.

According to Section 551D-2, any act done by an attorney during the period of disability or incapacity of the principal, pursuant to a durable power of attorney, will deem to have the same effect and binds the principal, as if the principal were competent and not disabled.  Under Section 551E-4, court can appoint a conservator or fiduciary who is in charge of the management of all of the principal’s property.  Attorney is accountable to the principal as well as to the fiduciary.  The fiduciary is entrusted with the power to revoke or amend the power of attorney that the principal would have done if the principal were not disabled or incapacitated.  Pursuant to Section 551E-6, the death of a principal, who has executed a written power of attorney, does not revoke or terminate the agency.  The agency of the attorney or other person who acts in good faith, without actual knowledge of the death of the principal cannot be revoked or terminated unless otherwise invalid or unenforceable, binds successors in interest of the principal.  According to Section 551E-52, an affidavit executed by the attorney under the power of attorney stating that, s/he does not have actual knowledge of the termination of the power by revocation or of the principal’s death, disability or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time.  According to Section 551E-61, Uniform Durable Power of Attorney Act should be uniformly applied and construed with respect to the subject of the Act among states enacting it.

Furthermore, under Section 501-174 of Title 28, Chapter 501, any person can register and convey his/her land through an attorney, whereas the letters of attorney should be acknowledged and filed or recorded with the assistant registrar and registered.

Inside Hawaii Durable Power of Attorney