(a) A personal representative may discharge the obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.
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Terms Used In Hawaii Revised Statutes 560:3-915

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Statute: A law passed by a legislature.
(b) Unless contrary to an express provision in the will, the personal representative may discharge the obligation to distribute to a minor or person under other disability as authorized by § 560:5-104 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.
(c) If the heir or devisee is under disability other than minority, the personal representative shall be authorized to distribute to:

(1) An attorney in fact who has authority under a power of attorney to receive property for that person; or
(2) The spouse or reciprocal beneficiary, parent, or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding $30,000 a year, or property not exceeding $30,000 in value, unless the court authorizes a larger amount or greater value.

Persons receiving money or property for the disabled person shall be obligated to apply the money or property to the support of that person, but shall not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums shall be preserved for future support of the disabled person. The personal representative shall not be responsible for the proper application of money or property distributed pursuant to this subsection.

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