School Documents: Power of Attorney

Power of Attorney Notarized Letters Due Annually:

In 2008, the Hawaii Legislature amended the Hawaii Revised Statutes regarding Power of Attorney documents. All students with current POA's and any future students with POA's must adhere to this law.

Statute 560:5-105 • Delegation of power by parent or guardian.

A parent or guardian of a minor child or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, Which time limit shall be expressly stated in the document, any power regarding the care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.

(L 2004, c 161, pt of ss1)

Parents initiating a Power of Attorney will be giving another person the right, except consent to marriage, to make decisions for their child including all school and health decisions. The child must reside full-time with the appointed adult. POA's cannot be used to cross school district boundaries for the purpose of attending a specific school. Parents need to be aware that they will lose all right to any state monetary benefits and federal/state tax deductions for the child.

All Documents must:

State name & address of who will have "Care and Custody" of the child.

Name the person responsible for the minor's health care.

Designate the beginning and ending dates. Not to exceed 12 months.

Notarize the biological parent/legal guardian's signature.

Legal Disclaimer:

Momilani Elementary School reserves the right to release non-compliant students from enrollment.

Call 307-5800 for more information.