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HI HB2054
Bill
Status
3/4/2014
Primary Sponsor
Gregg Takayama
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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