HOUSE OF REPRESENTATIVES

H.B. NO.

1465

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to powers of attorney.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 551D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"551D- Witness and notary requirements. (a) A durable power of attorney shall not be enforceable unless it is:

(1) Signed by two witnesses who satisfy the requirements of subsection (b); and

(2) Acknowledged by a notary public.

(b) A person shall not be a witness to execution of a durable power of attorney unless the person is:

(1) Eighteen years of age or older;

(2) Not the attorney in fact named in the durable power of attorney;

(3) Not related to the attorney in fact or to the other witness; and

(4) Witness to either the signing of the instrument by the principal or the principal's acknowledgment of the signature on the durable power of attorney."

SECTION 2. Chapter 560, Hawaii Revised Statutes, is amended by adding a new section to article 5 to be appropriately designated and to read as follows:

"560:5- Witness and notary requirements. (a) A power of attorney shall not be enforceable unless it is:

(1) Signed by two witnesses who satisfy the requirements of subsection (b); and

(2) Acknowledged by a notary public.

(b) A person shall not be a witness to execution of a power of attorney unless the person is:

(1) Eighteen years of age or older;

(2) Not the attorney in fact named in the power of attorney;

(3) Not related to the attorney in fact or to the other witness; and

(4) Witness to either the signing of the instrument by the principal or the principal's acknowledgment of the signature on the power of attorney."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date, and shall not apply to any power of attorney or durable power of attorney executed before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Powers of Attorney; Requirements

 

Description:

Requires that a power of attorney be signed by two witnesses and acknowledged by a notary public.

 

 

 

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