Honolulu Power of Attorney Lawyer

Helping Clients Prepare for Incapacity in Hawaii

What would happen if you were suddenly unable to communicate? Who would pay your bills or make decisions about emergency medical care? While it can be less-than-pleasant to think about, the reality is that even young and healthy people can become incapacitated for a variety of reasons.

With a power of attorney document, you appoint a trusted agent to act and make decisions on your behalf within a scope of authority that you decide.

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What is a Power of Attorney?

Power of attorney is a legal authorization that gives a designated person, the power to act for another person, known as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

Types of Power of Attorney in Hawaii

The type of power of attorney you select will determine when your agent’s authority activates and deactivates. No matter what type of power of attorney you choose, you control the scope of your agent’s authority. You can give your agent as much or as little decision-making power as you wish. Contact our Honolulu power of attorney team online or calling (808) 215-4223.

What Type of Power of Attorney Do I Need?

“Limited,” Non-durable Power of Attorney - This may be useful if you only need an agent to act on your behalf for a known amount of time or a specific purpose In this arrangement, your agent’s authority will automatically deactivate if you become incapacitated. Otherwise, you will generally choose an expiration date.
Springing Power of Attorney - This type of power of attorney “springs” – or activates – in a scenario where you are declared incapacitated. In other words, they cannot act on your behalf until you are unable to advocate for yourself.
Durable Power of Attorney - A durable power of attorney’s authority activates upon the document’s signing and remains in effect should you become incapacitated.

You may also order your power of attorney to exclusively follow a prewritten document’s guidelines or direct them to only execute a limited number of tasks. However, for purposes of estate planning , powers of attorney typically serve one of two roles in Hawaii.

What Is a Medical Power of Attorney?

A medical power of attorney assists with healthcare decisions and ensures instructions contained in your advance directives are followed. Should you become hospitalized, your medical power of attorney will generally become your healthcare team’s point of contact and final decision maker.

What Is a Financial Power of Attorney?

A financial power of attorney oversees your financial affairs. Remember, you define the scope in which they operate. They may be responsible for paying your routine bills, conducting business transactions, or managing your investments.

Determining what type of power of attorney you need to protect your interests can sometimes be confusing. Our Honolulu power of attorney lawyer can review your options and ensure the appropriate documents and authorizations are in place.

How Long Does a Power of Attorney Last in Hawaii?

How long a power of attorney lasts will depend on the type of POA you select. For example, a durable power of attorney will remain in effect until death or revocation. While a limited power of attorney only lasts for a specified period of time that you set out.

If you have any questions about power of attorney or which type is right for you, it’s best to consult with an experienced POA lawyer in Honolulu, HI.

It is never too early to start preparing for incapacity. Schedule a free initial consultation with our power of attorney lawyer in Honolulu by calling (808) 215-4223 or contacting us online.

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How to Choose a Power of Attorney

Before finalizing your power of attorney document, you will need to choose an agent. This person should be someone you trust to handle your affairs in scenarios where you will be unable to supervise them. Some people choose close relatives as powers of attorney, while others will appoint attorneys or business professionals. However, the only legal requirement in selecting an agent for a POA is that the individual must be competent and an adult.

Who Can You Appoint as Power of Attorney?

A sibling
A spouse
A parent
A friend

You should discuss your decision with your chosen agent and ensure they understand the responsibilities they will be taking on. You should also review any specific instructions to avoid any unnecessary ambiguities down the line. Like with most forms of estate planning, powers of attorney documents must be established proactively. We recommend consulting with our power of attorney lawyer in Honolulu to assist in the process.

What Are the Requirements for Power of Attorney?

It’s best to consult with a Honolulu POA lawyer who is skilled in Hawaii law to best understand what requirements are necessary for the type of power of attorney you select.

How to Create a Power of Attorney

To create a power of attorney document in Hawaii, you must be of “sound mind.” This generally means you must be considered mentally competent and fully understand the language of your power of attorney document. You will not be able to finalize an enforceable power of attorney authorization once you become incapacitated.
While Hawaii does not require your powers of attorney documents to be notarized, involving a notary is often a good idea. You greatly limit the possibility of a dispute when a notary public witnesses your signature.
Keep in mind that your agent, as your power of attorney, has a legal obligation to act in your best interest. They must follow all enforceable instructions and preferences contained in your power of attorney document. This is part of why it is so important to have your documents prepared by an experienced power of attorney lawyer in Honolulu, HI.

Who Needs a Power of Attorney?

Every adult should authorize at least one power of attorney to act on their behalf in situations of incapacity. No matter how young or healthy you are, there always exists a possibility that you could become hospitalized and unable to communicate. Not having powers of attorney documents in place in these scenarios can make life extremely difficult for your loved ones.

In addition, no one will have legal authorization to access your financial accounts and manage routine transactions, such as paying your bills. Proactively authorizing a power of attorney in Honolulu can help you avoid these unfortunate outcomes.

How to Establish a Power of Attorney?

1. Decide which type of power of attorney to make.

2. Choose your agent.

3. Decide how much authority to give your agent.

4. Obtain a power of attorney form.

5. Complete the form, sign, and witness it according to the laws in your state.

6. Give a copy of your POA form to your agent and other interested parties.

7. Keep your POA forms in a safe place.

8. Update your POA as your circumstances change.

Abrell Law is Here to Help

At Abrell Law in Hawaii, we strive to provide our clients with the comprehensive estate planning services they need to secure peace of mind. In addition to helping you finalize your will or arrange a revocable living trust, our Honolulu POA attorney can draft authorization documents that suit your unique needs.

Our lawyer has over a decade of legal experience and can help you prepare these crucial documents. At Abrell Law, you will work directly with our attorney throughout the planning process. We will listen to your concerns and implement estate planning tools designed to address them and provide you with peace of mind.

No matter your situation, you should not wait to appoint a Honolulu POA lawyer. Contact us online or call (808) 215-4223 to explore your planning options today!

What Makes Abrell Law Different?

1
Extensive Experience in Law
Prior to opening up his own firm, Justin had years of legal experience working in the Prosecutor's office in Honolulu and as corporate counsel for a private business. This wide variety of settings help provide perspective on creative solutions to legal obstacles.
2
Culture of Compassion & Transparency
We take your legal matter seriously. Until we resolve your case, you can expect us to listen to your needs and honestly provide solutions that are always in your best interests.
3
Direct Access to Your Attorney
You won't be passed off to legal staff at any point when you work with Abrell Law. From the very beginning, you will speak with Justin so he can have a good understanding of your unique case.
4
Over Two Decades in Hawaii
With over 20 years living in Hawaii, serving the local community and fostering meaningful relationships is one of Justin's top priorities.

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