Updated September 3, 2026. Quick answer: The principal must sign (or direct another to sign the principal’s name in the principal’s conscious presence). No witnesses required. Notarization isn’t strictly required for bare validity, but HRS § 551E-3 provides the signature is presumed genuine if acknowledged, and only an acknowledged (notarized) POA qualifies for mandatory acceptance protections: so notarization is effectively necessary for use with banks. Durability is the DEFAULT. HRS § 551E-3: “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.” All POAs under chapter 551E are durable automatically unless the document opts out..
| Execution | The principal must sign (or direct another to sign the principal’s name in the principal’s conscious presence). No witnesses required. Notarization isn’t strictly required for bare validity, but HRS § 551E-3 provides the signature is presumed genuine if acknowledged, and only an acknowledged (notarized) POA qualifies for mandatory acceptance protections: so notarization is effectively necessary for use with banks. |
| Statutory form | Yes: HRS § 551E-51, “Statutory form power of attorney,” provides a form with a principal signature/date block and notary acknowledgment certificate. |
| Durability | Durability is the DEFAULT. HRS § 551E-3: “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.” All POAs under chapter 551E are durable automatically unless the document opts out. |
| Who may not witness | No witness requirement exists under HRS chapter 551E, so no witness-disqualification rule applies. |
| Agent must accept in writing | No |
| Authority | Hawaii Revised Statutes, Title 30, Chapter 551E, the Uniform Power of Attorney Act, HRS §§ 551E-1 to 551E-63. |
What decides whether the document is valid
The principal must sign (or direct another to sign the principal’s name in the principal’s conscious presence). No witnesses required. Notarization isn’t strictly required for bare validity, but HRS § 551E-3 provides the signature is presumed genuine if acknowledged, and only an acknowledged (notarized) POA qualifies for mandatory acceptance protections: so notarization is effectively necessary for use with banks. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
Yes: HRS § 551E-51, “Statutory form power of attorney,” provides a form with a principal signature/date block and notary acknowledgment certificate.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
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Durability: the point most people get wrong
Durability is the DEFAULT. HRS § 551E-3: “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.” All POAs under chapter 551E are durable automatically unless the document opts out. This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Hawaii addresses this: Yes: HRS § 551E-16 (paired with § 551E-15). Must accept an acknowledged (notarized) POA, or request certification/translation/opinion of counsel, within 7 business days; if requested, must accept within 5 business days of receiving the requested item. Wrongful refusal is subject to a court order mandating acceptance and liability for the petitioner’s reasonable attorney’s fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Hawaii: Hawaii Small Estate Affidavit · Hawaii Advance Directive Requirements · What Adult Guardianship Costs in Hawaii.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.