Hawaii Revised Statutes Division 3. Property; Family § 551E-1. Definitions

For the purposes of this chapter, unless the context clearly indicates otherwise:

Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.  The term includes an original agent, co-agent, successor agent, and a person to which an agent's authority is delegated.

Durable” means not terminated by the principal's incapacity, with respect to a power of attorney.

Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

Good faith” means honesty in fact.

Incapacitated” or “incapacity” means the inability of an individual to manage property or business affairs because the individual:

(1) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance;  or

(2) Is:

(A) Missing;

(B) Detained, including incarcerated in a penal system;  or

(C) Outside of the United States and unable to return.

Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.

Presently exercisable general power of appointment” means the power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate, with respect to property or a property interest subject to a power of appointment.  The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period.  The term does not include a power exercisable in a fiduciary capacity or only by will.

Principal” means an individual who grants authority to an agent in a power of attorney.

Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Sign” means, with present intent to authenticate or adopt a record, to:

(1) Execute or adopt a tangible symbol;  or

(2) Attach to or logically associate with the record an electronic sound, symbol, or process.

State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner.  The term does not include commodity futures contracts and call or put options on stocks or stock indexes.


FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.