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A power of attorney, also known as a POA, letter of authority, or letter or authorization is a legally recognized document that lets you appoint another person or an organization to take control over your affairs for a specific time and at a specific time. The document is time-specific mostly because it springs into action and lets the designated person or company act in your place only if you are unavailable or unable to act.
The appointing person is the principal, and the appointed party is the attorney-in-fact or agent.
You will require the letter of authority whether you have a surgery scheduled and you don’t have a close family if you will be traveling for some time, and sometimes, you need it even when you have a close family. The circumstances necessitating the use of the POA are variable so that you don’t have to handover over power for something that doesn’t require delegation yet.
As you fill out your free power of attorney form in Hawaii, note that you can fill out different POA documents to meet your varying needs. With that in mind, there are different types of powers of attorney including:
1. The Hawaii Durable Power of Attorney Laws
Though it’s difficult for you to ask someone else to refuse to give consent to a life-sustaining procedure when you are unconscious, it’s necessary. It’s harder on the agent to make that decision, but eventually, you need to have someone in your corner. You need someone strong and trustworthy to act according to your wishes should you condition deteriorate. You also need to find someone who can fight to keep you alive for as long as possible, if that is what you wish.
For that, you need to put your wishes in writing using a durable POA. The durable POA also called the durable healthcare POA allows your agent to make the tough calls.
According to the revised Hawaii statutes under section 551E-1, et seq. of the Uniform DPOA act, the life-prolonging acts and the specific powers of the agent include:
Making lawful healthcare decisions otherwise made by the principal were they in a position to act. They could decide if the principal’s life is prolonged or not through resuscitation, surgery, or life-prolonging medical procedures.
Legality of the DPOA
A competent adult should sign it with at least 2 witnesses present.
It should be in writing with the principal’s signature or the guardian’s signature n the principal’s presence or under their express direction.
The document must be dated
The signature should be notarized
The contents of the document should indicate that the POA will not be affected by disability.
This document will remain valid only if the principal is incapacitated, as per the determination of a licensed physician. The state of Hawaii notes that the document is irrevocable unless the principal dies or is disabled and a notice of either given to the agent.
2. Hawaii POA for Childcare Law
POA over a minor is a legal document signed and then notarized by a parent who uses it to give authority to a non-parent. Once the non-parent gets the document, they have the power to decide for the child.
This POA is often used by parents who are unavailable for a specific duration, and they want to keep their child with someone they trust. The POA grants the non-parent authority over the medical treatment of the child, and they can give the guardian’s signature to sign the minor up for specific activities. In some cases, parents limit the authority to one or more specific things.
The childcare POA is revocable before its expiry. The parent takes back control by signing a revocation notice and issuing the withdrawal notice to the non-parent in person. Revocation is effective as soon as the revocation notice is delivered to the non-parent.
3. Hawaii Special POA Law
A special letter of authority is a document giving an attorney-in-fact specific powers over a principal’s affair, like their bank account. The special POA often comes to life when the principal is unable to handle their affairs because of health reasons or other commitment. Some of the special powers granted include buying or selling of personal or real property, debt collection, real estate management, or running daily business transactions.
The agent will only act in the event of incapacitation or unavailability. It’s revocable at any time. For revocation, you have to send a revocation notice to the agent and all the third parties acting as per the directives of the agent. Third parties often include banks, debtors, investors, and creditors.
So, are you interested in a POA to help you put your affairs in order? How about our free power of attorney forms available online at no extra cost? Wherever you are in Honolulu or any other city of Hawaii, we’ll be glad to expedite the process for you.