Summarizes the features of Act 22 signed into law in Hawaii on April 22, 2014, revamping Hawaii's power of attorney law and allowing for a statutory form Power of Attorney
Scope of New Law
Act 22 was signed into law in April, 2014. The new law expressly repeals the existing Uniform Durable Power of Attorney Act found in Hawaii Revised Statutes Sec. 551D. The new law applies to all powers of attorneys in Hawaii, with a few narrow exceptions, such as health care directives, voting proxies, parent/guardian agreements for care of ward/children by third parties, and powers granted via governmental forms. It applies retroactively to all powers of attorney, whether executed before or after passage of the Act. Powers of attorney executed outside of Hawaii remain valid if they were executed in compliance with the law of that jurisdiction.
The law provides a presumption of validity if signed and acknowledged before a notary. A person (includes banks, etc.) may rely upon the validity of the document if it is validly executed and if it is accepted in good faith without knowledge of its invalidity, termination, or misuse by the agent. A person that refuses (without good-faith cause) to accept a properly acknowledged power of attorney may be liable for attorney's fees if enforcement is sought. A photocopy or electronically transmitted copy of the original are valid. A power of attorney is deemed "durable" unless otherwise stated in the instrument. Appointment of co-agents is allowed.
The Act provides a sample statutory form of power of attorney allowing for inclusion of broad powers, or restriction to only certain powers.
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