Bill Text: HI HB1123 | 2011 | Regular Session | Introduced
Bill Title: Powers of Attorney; Requirements
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2011-01-26 - (H) Referred to JUD, referral sheet 2 [HB1123 Detail]
Download: Hawaii-2011-HB1123-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1123 |
|
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 V 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.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Powers of Attorney; Requirements
Description:
Requires that a power of attorney be witnessed by two witnesses who are not related to the attorney in fact and be acknowledged by a notary public. Establishes restrictions on qualifications for witnesses to execution of a power of attorney.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
