reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-2 Guardian ad litem; next friend; appointment.

§551-2 Guardian ad litem; next friend; appointment.
Nothing in this chapter impairs or affects the power of any court to appoint a guardian to defend the interests of any minor or person not in being impleaded in such court, or interested in any matter there pending, or its power to appoint or allow any person as next friend for a minor, to commence, prosecute, or defend any action or proceeding in the minor's behalf; provided that in all proceedings for annulment, divorce, or separation, except in the case of annulment on the ground of nonage, either spouse, although a minor, may sue or be sued in the minor's name without a guardian or next friend. CC 1859, §1349; am L 1903, c 16, §2; RL 1925, §3070; RL 1935, §4857; RL 1945, §12507; am L 1947, c 78, §1; RL 1955, §338-8; HRS §551-2; am L 1972, c 145, §1(f); gen ch 1985
Rules of Court
Probate, see HPR rule 28.
Case Notes
Power to appoint next friend or guardian ad litem is inherent in every court, including district courts. 11 H. 279, 281 (1898); 21 H. 160, 162 (1912); 23 H. 623, 624 (1917). Purpose of this section was to make it clear that this power, already existing, was not taken away by provisions for appointment of guardians of person and estate. 11 H. 279, 280 (1898); 21 H. 160, 162 (1912); see 16 H. 13, 15 (1904).
Appointment of guardian ad litem for minor not mandatory in adoption proceeding. 42 H. 250, 262 (1957). But is mandatory in custody or support proceeding if parentage at issue. See §571-47.
Minors.
Under rule requiring sanction of court for issuance of process in suit instituted on behalf of minor, no formal order necessary. 8 H. 93 (1890); 11 H. 279, 281 (1898). Same as to guardian ad litem for minor defendants. 21 H. 160 (1912); 34 H. 232, 235 (1937); 35 H. 682, 683 (1940).
Adult incompetents.
Guardian ad litem, next friend, may be appointed for incompetent or weak-minded adult, but when alleged incapacity is denied issue raised must be determined before further steps can be taken in the suit. 23 H. 457, 475 (1916); 24 H. 82, 84 (1917); see 24 H. 558 (1918).
Duties and powers.
No power to surrender substantial rights. 198 F. Supp. 78, 83 (1961); 28 H. 310, 328 (1925); 35 H. 262 (1939); 42 H. 586, 610 (1958); 46 H. 475, 521-530, 382 P.2d 920 (1963). Duty to take appeal in proper case. 27 H. 132 (1923). As to election of remedies, see 32 H. 928 (1933).
Compensation, expenses, right to.
26 H. 623 (1922); 27 H. 132 (1923); 34 H. 854 (1939); 35 H. 262 (1939); 35 H. 682 (1940); 46 H. 475, 521-530, 382 P.2d 920 (1963); 47 H. 216, 385 P.2d 828 (1963).
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-11 to 551-13 REPEALED.

§ §551-11 to 551-13 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-16, 551-17 REPEALED.

§ §551-16, 551-17 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-21 Small estates; clerk of the court to act when.

§551-21 Small estates; clerk of the court to act when.
Whenever so requested as provided in section 560:5-403, the court may appoint the clerk of the court of that circuit as conservator of the protected person whose estate is of a value of less than $10,000 who shall serve in such capacity, with the full powers of and under like obligations as other conservators appointed under this chapter and chapter 560, except that the clerk shall not be required to give any bond; nor shall the clerk be entitled to any commission or compensation except for expenses necessarily and actually incurred, nor shall the clerk or the protected person or the estate of the protected person be liable for any court costs arising out of the guardianship, except the actual cost of any advertising found necessary. The right of the clerk to act as the conservator shall not be affected by reason of any increase of the estate to an amount in excess of $10,000 as the result of any accumulations of income accruing from the original principal of the estate or by the increase in value of the principal; provided that if the estate reaches in value the sum of $16,250, a conservator shall then be appointed under the preceding sections of this chapter or the court, in its discretion, may allow the conservator appointed under this section to continue to act even though the total assets exceed $16,250. [L 1927, c 168, §1; RL 1935, §4854; am L 1939, c 119, §1; am L 1943, c 193, §2; RL 1945, §12504; am L 1947, c 96, §1; RL 1955, §338-5; am L 1965, c 6, §1; HRS §551-21; am L 1976, c 200, pt of §1; gen ch 1985; am L 1987, c 327, §1; am L 1998, c 44, §2; am L 2004, c 161, §17]
Rules of Court
Small conservatorships, see HPR rule 112.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-22 Estates less than $100.

§551-22 Estates less than $100.
When the whole estate of a person over the age of eighteen for whom a conservator could be appointed does not exceed the value of $100, the court, in its discretion, without the appointment of a conservator or the giving of bond, may authorize the deposit thereof in a depository authorized to receive fiduciary funds in the name of a suitable person designated by the court, or if the assets do not consist of money, authorize the delivery thereof to a suitable person designated by the court. The person receiving such money or other assets shall hold and dispose of the same in such manner as the court shall direct. [L 1965, c 6, §2; Supp, §338-5.5; HRS §551-22; am L 1976, c 200, pt of §1; am L 1977, c 144, §55; am L 2004, c 161, §18]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-26 to 551-34 REPEALED.

§ §551-26 to 551-34 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-35 Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings.

§551-35 Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings.
The father and mother of an incapacitated or protected person are jointly and severally the person's natural guardians and conservators. They shall have equal powers and duties with respect to the person and neither shall have any right superior to that of the other concerning the person's custody or control or any other matter affecting the person; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian or conservator, or both, the guardianship or conservatorship, or both, devolves or devolve upon the other parent, and that when the parents live apart, the court may award the guardianship or conservatorship to either of them, having special regard to the interests of the incompetent adult person. [L 1957, c 173, §1; am L Sp 1959 2d, c 1, §20; Supp, §338-9.5; HRS §551-35; am L 1976, c 200, pt of §1; am L 2004, c 161, §19]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-41 to 551-43 REPEALED.

§ §551-41 to 551-43 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-46 to 551-48 REPEALED.

§ §551-46 to 551-48 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-51 to 551-64 REPEALED.

§ §551-51 to 551-64 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551. Guardians and Wards › 551-71 to 551-91 REPEALED.

§ §551-71 to 551-91 REPEALED.
L 1976, c 200, pt of §1.
Cross References
For present provisions, see Uniform Probate Code, chapter 560, Article V.
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551A. Office of the Public Guardian › 551A-1 Office of public guardian; establishment; appointment.

§551A-1 Office of public guardian; establishment; appointment.
There is established the office of the public guardian in the judiciary. The chief justice shall appoint the public guardian, who shall serve at the chief justice's pleasure. [L 1984, c 223, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551A. Office of the Public Guardian › 551A-2 Powers and duties.

§551A-2 Powers and duties.
(a) The public guardian shall serve as guardian, limited guardian, testamentary guardian, emergency guardian, or temporary substitute guardian of an incapacitated person when so appointed by the family court or by the circuit court under chapter 560. Notwithstanding section 560:5-304, the public guardian may not file a petition for the public guardian's own appointment. Petitions for public guardianship may be filed by any person, agency, or facility responsible for the support or care of individuals who:
(1) Are not able to understand or adequately participate in decisions concerning their care; and
(2) Have no relatives or friends willing and able to act as a guardian.
(b) The public guardian shall have the same powers and duties as a private guardian. In addition, if there is no conservatorship in effect for a ward, the court may authorize the public guardian to:
(1) Request and obtain copies of any and all of the ward's financial information, records, and documents, including but not limited to account statements, deposit and withdrawal records, and canceled or returned checks, from any and all savings accounts, checking accounts, safe deposit box accounts, retirement or pension accounts, investment accounts, insurance accounts, annuity accounts, credit card accounts, and all other accounts held in the name of the ward; and
(2) Transact business or take necessary action as to the accounts in paragraph (1);
provided that if a conservatorship comes into effect for the ward, the public guardian shall not have and shall not exercise the powers in paragraphs (1) and (2) that have been granted to the conservator, for the duration of the conservatorship.
(c) The public guardian shall assist the court, as the court may request or direct, in proceedings for the appointment of a guardian and in the supervision of persons, corporations, or agencies which have been appointed as guardians.
(d) The public guardian shall advise and assist persons, corporations, and agencies which are seeking appointment as a guardian for an incapacitated person. The public guardian shall also provide advice, information, and guidance to the persons, corporations, or agencies who have been appointed as guardian to assist them in the discharge of their duties.
(e) The public guardian may offer guidance and counsel, without court appointment as guardian, to those persons who request such assistance or to those on whose behalf it is requested for the purpose of encouraging maximum self-reliance and independence of such persons and avoiding the need for appointment of a guardian.
(f) The public guardian shall develop programs of public education on guardianship and alternatives to guardianship and encourage the development of private guardians able and willing to serve as guardian. [L 1984, c 223, pt of §1; am L 1986, c 158, §1; am L 2004, c 161, §20; am L 2005, c 22, §36; am L 2015, c 141, §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551A. Office of the Public Guardian › 551A-3 When not appointed.

§551A-3 When not appointed.
The public guardian shall not be appointed if another suitable guardian is available and willing to accept the guardianship appointment, unless the court finds that the best interests of the ward would be better served by the appointment of the public guardian. [L 1984, c 223, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551A. Office of the Public Guardian › 551A-5 Fees for services; when not allowed.

§551A-5 Fees for services; when not allowed.
(a) The public guardian may receive such reasonable fees for services as public guardian as the court allows.
(b) No fees shall be allowed which would unreasonably diminish the ward's estate so as to endanger the ward's financial independence, and no fees shall be allowed when the ward's primary source of support derives from public funds.
(c) Any fees received under this section by the public guardian shall be deposited in the state general fund.
(d) No fees shall accrue to the individual benefit of the public guardian. [L 1984, c 223, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551A. Office of the Public Guardian › 551A-9 Contracts.

§551A-9 Contracts.
The public guardian may make and enter into contracts, and generally do all such things as in its judgment may be necessary, proper, and expedient in accomplishing its duties. [L 1984, c 223, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-2 Applicability.

§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 power to make health care decisions;
(3) A power created by a legal parent or legal guardian placing the care of a minor or a disabled adult under another person;
(4) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(5) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-3 Power of attorney.

§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 presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(c) A power of attorney executed in Hawaii on or after January 1, 2015, is valid if its execution complied with the law of this State as it existed at the time of execution.
(d) A power of attorney executed outside of Hawaii is valid in this State if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to subsection (f); or
(2) The requirements for a military power of attorney pursuant to title 10 United States Code section 1044b, as amended.
(e) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original.
(f) The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-4 Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

§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 court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent shall be accountable to the fiduciary as well as to the principal. The power of attorney shall not be terminated and the agent's authority shall continue unless limited, suspended, or terminated by the court. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-5 Effective date of power of attorney.

§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 becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) A physician or licensed psychologist that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(2) An attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 through 1179 of the Social Security Act, title 42 United States Code section 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-6 Termination of power of attorney or agent's authority.

§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 attorney provides that it terminates;
(5) The purpose of the power of attorney is accomplished; or
(6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(b) An agent's authority terminates when:
(1) The principal revokes the authority;
(2) The agent dies, becomes incapacitated, or resigns;
(3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(4) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable shall not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-7 Co-agents and successor agents.

§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 act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, shall not be liable for the actions of the other agent.
(d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection shall be liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. An agent that breaches a fiduciary duty remains liable for the full amount of damages caused by the breach. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-8 Reimbursement and compensation of agent.

§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, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-9 Agent's acceptance.

§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 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-11 Exoneration of agent.

§551E-11 Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-12 Judicial relief.

§551E-12 Judicial relief.
(a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) The principal or the agent;
(2) A guardian, conservator, or other fiduciary acting for the principal;
(3) A person authorized to make health care decisions for the principal;
(4) The principal's spouse, parent, or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A governmental agency having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-13 Agent's liability.

§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; and
(2) Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-14 Agent's resignation; notice.

§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 for the principal, and a co-agent or successor agent; or
(2) If there is no person described in paragraph (1), to:
(A) The principal's caregiver;
(B) Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(C) A governmental agency having authority to protect the welfare of the principal. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-15 Acceptance of and reliance upon acknowledged power of attorney.

§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 faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 551E-3(b) that the signature is genuine.
(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.
(f) For purposes of this section and section 551E-16, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-16 Liability for refusal to accept acknowledged power of attorney.

§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-15(d) no later than seven business days after presentation of the power of attorney for acceptance;
(2) If a person requests a certification, a translation, or an opinion of counsel under section 551E-15(d), the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person shall not be required to accept an acknowledged power of attorney if:
(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) A request for a certification, a translation, or an opinion of counsel under section 551E-15(d) is refused;
(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under section 551E-15(d) has been requested or provided; or
(6) The person makes, or has actual knowledge that another person has made, a report to the adult protective and community services branch of the department of human services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses to accept an acknowledged power of attorney in violation of this section shall be subject to:
(1) A court order mandating acceptance of the power of attorney; and
(2) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-18 Laws applicable to financial institutions and entities.

§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]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-19 Remedies under other law.

§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]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-31 Authority that requires specific grant; grant of general 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 authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) Create, amend, revoke, or terminate an inter vivos trust;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Delegate authority granted under the power of attorney;
(6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
(7) Exercise fiduciary powers that the principal has authority to delegate.
(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do (or other broadly worded authority in a general power of attorney signed prior to [April 17, 2014]) all acts that a principal could do, the agent shall have the general authority described in sections 551E-34 through 551E-46.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift shall be subject to section 551E-47.
(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority shall control.
(f) Authority granted in a power of attorney shall be exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.
(g) An act performed by an agent pursuant to a power of attorney shall have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal had performed the act. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-32 Incorporation of authority.

§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 authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 551E-34 through 551E-47 or a citation to a section of sections 551E-34 through 551E-47 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-33 Construction of authority generally.

§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 a principal could do pursuant to section 551E-31(c), a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-34 Real property.

§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 credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including by:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(D) Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including by:
(A) Selling or otherwise disposing of them;
(B) Exercising or selling an option, right of conversion, or similar right with respect to them; and
(C) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-35 Tangible personal property.

§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 for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D) Moving the property from place to place;
(E) Storing the property for hire or on a gratuitous bailment; and
(F) Using and making repairs, alterations, or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-36 Stocks and bonds.

§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, or terminate an account with respect to stocks and bonds;
(3) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-37 Commodities and options.

§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 futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) Establish, continue, modify, and terminate option accounts. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-38 Banks and other financial institutions.

§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 an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. [L 2014, c 22, pt of §1]