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What is a Hawaii Medical Power of Attorney? A Hawaii Medical Power of Attorney is a legal document that grants a person or organization permission to make healthcare decisions on your behalf, such as refusing or requesting medical treatment, if you cannot do so.

A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.

The requirements governing PoA forms vary in each state; however, in Hawaii, your Power of Attorney will need to be notarized. If your agent will engage in real estate transactions, the Power of Attorney will need to be signed before a notary public and filed or recorded with the county.

Unlike a basic power of attorney, which is not effective if you are incapacitated, a durable power of attorney contains special language making it effective even if you become incapacitated. It also continues operating if you later regain your capacity.

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.

A Power of Attorney Could Leave You Vulnerable to Abuse The agent you select has a fiduciary duty to act in your best interests, but there is essentially limited or no oversight unless it becomes clear that the agent is abusing his or her authority and legal action is taken.