How to Revoke a Power of Attorney in Hawaii

A power of attorney is not permanent. The principal can revoke it at any time, for any reason, as long as they still have mental capacity. But simply telling the agent "you're done" is not enough — Hawaii law requires specific steps to make the revocation legally effective against third parties.

Who Can Revoke a Hawaii POA

Only the principal can revoke a power of attorney, and only while mentally competent. If the principal has lost capacity, a court-supervised guardianship or conservatorship proceeding under HRS Chapter 560, Article V may be needed to seek relief concerning the agent's authority.

A POA also terminates automatically under certain conditions:

• The principal dies
• The principal becomes incapacitated and the POA is non-durable (rare in Hawaii, since durability is the default)
• The agent dies, resigns, or becomes incapacitated with no successor agent named
• A court orders the POA terminated

Step 1: Draft the Written Revocation

The revocation must be in writing. It should clearly state:

• The principal's full legal name
• The date the original POA was executed
• The name of the agent whose authority is being revoked
• An unequivocal statement revoking all authority granted under the POA

Keep the language simple and direct: "I hereby revoke the Power of Attorney dated [date], in which I appointed [agent name] as my attorney-in-fact. This revocation is effective immediately."

Step 2: Notarize the Revocation

Sign the revocation before a notary public. While Hawaii law does not strictly require notarization for the revocation to be valid between the principal and agent, notarization serves two critical purposes:

• It creates the HRS Section 551E-3 presumption that the principal's acknowledged signature is genuine
• It enables recording at the Bureau of Conveyances when the original POA was recorded for real estate purposes

Step 3: Notify the Agent

Deliver a certified copy of the notarized revocation to the former agent. Under HRS Section 551E-6, revocation terminates the POA or the agent's authority, but an agent or other person without actual knowledge who acts in good faith under the POA may still bind the principal.

Use certified mail with return receipt requested, or hand-deliver the document and have the agent sign an acknowledgment of receipt. Keep proof of delivery — this helps establish when the former agent received actual notice if they later claim they acted without knowledge of the revocation.

Step 4: Notify Third Parties

This is the step most people miss. Banks, financial institutions, title companies, and healthcare providers who have a copy of the original POA on file should be notified. A third party without actual knowledge of the revocation may still rely on the old POA in good faith, while a bank may reject or delay a POA under its internal compliance rules.

Send a certified copy of the notarized revocation to:

• Every bank where the agent had account access
• Every brokerage or investment firm
• Any insurance company where the agent had authority
• The principal's primary care physician and hospital
• Any care facility where the agent was listed as the authorized decision-maker

Until each institution receives notice, a third party without actual knowledge may be legally protected if it honors the old POA in good faith; this does not guarantee bank acceptance.

Step 5: Record the Revocation (If the POA Was Recorded)

If the original financial POA was recorded at the Bureau of Conveyances for real estate transactions, the revocation must also be recorded. An unrecorded revocation may leave the recorded POA available for reliance by title companies and buyers that lack actual notice.

Recording the revocation at the BOC follows the same formatting rules as any other document: 3.5-inch top margin on the first page, single-sided pages, consecutive numbering. For a document up to 50 pages, the standard filing fee is $41 (Regular System) or $36 plus $50 for Certificate of Title issuance (Land Court).

What the Revocation Does Not Cover

Revoking a financial POA does not affect a healthcare advance directive. If the principal also wants to change their medical decision-maker, they must execute a new Advance Health Care Directive under HRS Chapter 327E naming a different healthcare agent.

Similarly, if the principal has filed a Form N-848 (Power of Attorney and Declaration of Representative) with the Hawaii Department of Taxation, a separate written revocation must be filed with DOTAX to terminate the representative's authority over tax matters.

Creating a Replacement POA

In most cases, a principal who revokes one POA will want to execute a new one naming a different agent. The new document should reference the revocation: "I hereby revoke all prior powers of attorney and appoint [new agent name] as my attorney-in-fact."

The Hawaii Power of Attorney Kit covers both the initial execution process and revocation procedures, including notification templates for banks and institutions.

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