Terms Used In Hawaii Revised Statutes > Chapter 560 > Article V > Part 3 - Guardianship of Incapacitated Person

• Acknowledgment: means a declaration by a person before a notary public that the person has signed a document for the purpose stated in the document and, if the document is signed in a representative capacity, that the person signed the document with proper authority and signed it as the act of the person or entity identified in the document. See Hawaii Revised Statutes 456-1.6
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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}
• Board: means the board of naturopathic medicine. See Hawaii Revised Statutes 455-1
• Contract: A legal written agreement that becomes binding when signed.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Document: 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. See Hawaii Revised Statutes 456-1.6
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 456-1.6
• Electronic signature: means an electronic symbol, sound, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Hawaii Revised Statutes 456-1.6
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• In a representative capacity: means acting as:

  (1) An authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

  (2) A public officer, personal representative, guardian, or other representative, in the capacity stated in an applicable document;

  (3) An agent or attorney-in-fact for a principal; or

  (4) An authorized representative of another in any other capacity. See Hawaii Revised Statutes 456-1.6

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Naturopathic formulary: means vitamins, minerals, dietary supplements, botanical medicines, homeopathic medicines, hormones, and those legend drugs consistent with naturopathic medical practice. See Hawaii Revised Statutes 455-1
• Naturopathic medicine: means the practice of the art and science of diagnosis, prevention, and treatment of disorders of the body by support, stimulation, or both, of the natural processes of the human body. See Hawaii Revised Statutes 455-1
• Naturopathic physician: means a person who holds a current license issued under this chapter to practice naturopathic medicine. See Hawaii Revised Statutes 455-1
• Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument. See Hawaii Revised Statutes 456-1.6
• Notary public: means an individual commissioned to perform a notarial act by the attorney general under this chapter. See Hawaii Revised Statutes 456-1.6
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Oath: A promise to tell the truth.
• 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}
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Sign: means , with present intent to authenticate or adopt a document:

  (1) To execute or adopt a tangible symbol; or

  (2) To attach or logically associate with the document an electronic symbol, sound, or process. See Hawaii Revised Statutes 456-1.6

• Signature: means a tangible symbol or an electronic signature that evidences the signing of a document. See Hawaii Revised Statutes 456-1.6
• Stamping device: means :

  (1) A physical device capable of stamping or impressing upon a tangible document a notary seal; or

  (2) An electronic device or process capable of attaching to, or logically associating with, an electronic document a notary seal. See Hawaii Revised Statutes 456-1.6

• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testator: A male person who leaves a will at death.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.
• Verification on oath or affirmation: means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true. See Hawaii Revised Statutes 456-1.6