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HI HB2054

Bill

Status

Engrossed

3/4/2014

Primary Sponsor

Gregg Takayama

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Adopts the Uniform Power of Attorney Act by adding a new chapter to Hawaii Revised Statutes establishing comprehensive rules for power of attorney creation, execution, and enforcement.

  • Creates durable powers of attorney by default (continuing despite principal's incapacity) unless expressly stated otherwise, with provisions for springing powers that become effective upon future events or the principal's incapacity.

  • Establishes specific agent duties including acting in good faith, within scope of authority, loyally for the principal's benefit, maintaining records of transactions, and attempting to preserve the principal's estate plan.

  • Provides express authority grants for major actions (gift-making, trust creation, beneficiary changes, delegation) that require specific written authorization, plus general authority categories covering real property, financial institutions, businesses, taxes, retirement plans, and personal/family maintenance.

  • Requires recognized powers of attorney (acknowledged before notary) to be accepted within seven business days by financial institutions and other entities, with penalties for wrongful refusal, and repeals the previous Chapter 551D power of attorney law.

Legislative Description

Uniform Power of Attorney Act; Authority

Last Action

Referred to CPN, JDL.

3/6/2014

Committee Referrals

Commerce and Consumer Protection3/6/2014
Judiciary1/21/2014

Full Bill Text

No bill text available