Title 30, Guardians And Trustees

[§551E‑13] Agent's liability. An agent that violates this chapter shall be liable to the principal or the principal's successors in interest for the amount required to: (1) Restore the value of the principal's property to what it would have been had the violation not occurred; an…

[§551E‑14] Agent's resignation; notice. Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one has been appointed…

[§551E‑15] Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes of this section and section 551E‑16, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (b) A person that in good fait…

[§551E‑16] Liability for refusal to accept acknowledged power of attorney. (a) Except as otherwise provided in subsection (b): (1) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 551E…

[§551E‑17] Principles of law and equity. Unless displaced by a provision of this chapter, the principles of law and equity shall supplement this chapter. [L 2014, c 22, pt of §1]

[§551E‑18] Laws applicable to financial institutions and entities. This chapter shall not supersede any other law applicable to financial institutions or other entities, and the other law shall control if inconsistent with this chapter. [L 2014, c 22, pt of §1]

[§551E‑19] Remedies under other law. The remedies under this chapter shall not be exclusive and shall not abrogate any right or remedy under the law of this State other than this chapter. [L 2014, c 22, pt of §1]

[§551E-2] Applicability. This chapter shall apply to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A pow…

[§551E-3] Power of attorney. (a) A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal. (b) A power of attorney shall be signed by the principal or in the principal's conscious presenc…

PART II. AUTHORITY [§551E‑31] Authority that requires specific grant; grant of general authority. (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the a…

[§551E‑32] Incorporation of authority. (a) An agent shall have authority described in this part if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 551E-34 through 551E-47 or cites the section in which the …

[§551E‑33] Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 551E-34 through 551E-47 or that grants to an agent authority to do all acts that …

[§551E‑34] Real property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property shall authorize the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of c…

[§551E‑35] Tangible personal property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property shall authorize the agent to: (1) Demand, buy, receive, accept as a gift or as security fo…

[§551E‑36] Stocks and bonds. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds shall authorize the agent to: (1) Buy, sell, and exchange stocks and bonds; (2) Establish, continue, modify, o…

[§551E‑37] Commodities and options. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options shall authorize the agent to: (1) Buy, sell, exchange, assign, settle, and exercise commodity fu…

[§551E‑38] Banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions shall authorize the agent to: (1) Continue, modify, and terminate …

[§551E‑39] Operation of entity or business. Unless the power of attorney otherwise provides, and subject to the terms of a document or an agreement governing an entity or an entity ownership interest, language in a power of attorney granting general authority with respect to oper…

[§551E-4] Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. (a) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate, or conservator or guardian of the principal's person for consideration by the…

[§551E‑40] Insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities shall authorize the agent to: (1) Continue, pay the premium or make a contribution on, modify, e…

[§551E‑41] Estates, trusts, and other beneficial interests. (a) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be…

[§551E‑42] Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation shall authorize the agent to: (1) Assert and maintain before a court or administrative agency a clai…

[§551E‑43] Personal and family maintenance. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to: (1) Perform the acts necessary to maintain the…

[§551E‑44] Benefits from governmental programs or civil or military service. (a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medica…

[§551E‑45] Retirement plans. (a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, includi…

[§551E‑46] Taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes shall authorize the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federa…

[§551E‑47] Gifts. (a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under chapter 553A, the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, [t…

[§551E-5] Effective date of power of attorney. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney …

PART III. STATUTORY FORMS [§551E‑51] Statutory form power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. STATE OF HAWAII STATUTORY FORM POWER OF ATTOR…

[§551E‑52] Agent's certification. The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of ___________________________________________ County o…

[§551E-6] Termination of power of attorney or agent's authority. (a) A power of attorney terminates when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of at…

PART IV. MISCELLANEOUS PROVISIONS [§551E‑61] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [L 2014, …

[§551E‑62] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or …

[§551E‑63] Effect on existing powers of attorney. Except as otherwise provided in this chapter, on [April 17, 2014]: (1) This chapter shall apply to a power of attorney created before, on, or after [April 17, 2014]; (2) This chapter shall apply to a judicial proceeding concerning…

[§551E-7] Co-agents and successor agents. (a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently. (b) A principal may designate one or more successor agents to …

[§551E-8] Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent shall be entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. [L 2014, c 22…

[§551E-9] Agent's acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. [L 2014, c …