Hawaii Power of Attorney Requirements & Free Form

Hawaii requirements

• The power of attorney must be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction (HRS 551E-3(b)).
• Notarization is not an absolute validity requirement, but a signature acknowledged before a notary public is presumed genuine under HRS 551E-3(b), so notarizing is the safer practice.
• HRS 551E-3 does not impose a witness requirement for a general power of attorney.
• Durability is the default: under HRS 551E-3(a) a power of attorney is durable unless it expressly states that it terminates on the principal's incapacity.
• Under HRS 551E-3(e), a photocopy or electronically transmitted copy generally has the same effect as the original unless another statute provides otherwise.
• If the document will be used for real estate, confirm recording requirements with the Hawaii Bureau of Conveyances before relying on it.

Frequently asked questions

Does a Hawaii power of attorney have to be notarized?

Hawaii law does not void an unnotarized power of attorney, but HRS 551E-3 gives an acknowledged signature a presumption of genuineness, and banks and agencies routinely expect notarization. Signing before a notary is strongly recommended.

Is a power of attorney durable by default in Hawaii?

Yes. Under HRS 551E-3(a), a power of attorney created under chapter 551E remains effective if the principal becomes incapacitated unless the document expressly says otherwise.

Official sources

• https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0551E/HRS_0551E-0003.htm