HRS §526-11
When a trustee gives up a power they hold
This section explains when a person acting for someone else (like a trustee) can give up a power they have. If the power was never used, the giving-up starts when the document creating it becomes final. If it was used, it starts right after the last use. It can also apply to other people in charge if stated.
guardianspersonal representativestrustees
The statute, as written — Disclaimer of power held in fiduciary capacity
(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power. (c) A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust, or other person for whom the fiduciary is acting.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.