(a) Notwithstanding any other provision of law, a power of attorney that:

Terms Used In Hawaii Revised Statutes 657D-62

  • Military service: means service on state active duty in any of the state military forces or full time National Guard duty. See Hawaii Revised Statutes 657D-1
  • Person: when used with reference to the holder of any right alleged to exist against a person in military service or against a person secondarily liable under such right, includes individuals, partnerships, corporations, and any other forms of business association. See Hawaii Revised Statutes 657D-1
  • 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
(1) Was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code);
(2) Designates that person’s spouse, parent, or other named relative as the person’s attorney in fact for certain specified, or all, purposes; and
(3) Expires by its terms after that person entered a missing status, and before or after July 1, 1994;

shall be automatically extended for the period that the person is in a missing status.

(b) No power of attorney executed after July 1, 1994 by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status.

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