Serving families on Oʻahu and throughout Hawaiʻi

Elder Law in Hawaiʻi

Elder law focuses on the legal side of aging, illness and changing capacity, including who will make decisions for you and how your wishes will be carried out. Planning works best when it’s done early, before a health crisis and while you can still put your wishes in writing yourself. 808 Estate & Elder Law helps older adults, solo agers and their families on Oʻahu and throughout Hawaiʻi plan ahead, with the goal of having documents in place that work when they’re needed.

Is this you?

  • You’re nearing or in retirement and want a plan in place for illness or the possibility of dementia.
  • You’re a solo ager, without a spouse or children to step in for you.
  • You’ve been diagnosed with a progressive condition and want your wishes in place while you can decide.
  • You’re helping an aging parent and aren’t sure their documents will work when they’re needed.
  • You’re the agent under a parent’s or spouse’s power of attorney and aren’t sure what you’re allowed, or required, to do.
  • A move to assisted living or long-term care is on the horizon.

What’s included

  • Incapacity planning: choosing who will act for you on finances, legal matters and health care.
  • Document review: reviewing existing powers of attorney, directives and trusts and recommending updates, with the goal of making sure they will work in a care transition.
  • Planning for solo agers: identifying trusted decision-makers, including professional fiduciaries, when family isn’t an option.
  • Health care wishes: advance health care directives that reflect what matters to you.
  • Avoiding court: structuring a plan to reduce the chance a guardianship or conservatorship is ever needed.
  • Advice for agents: what an agent under a power of attorney can and can’t do, and how to document decisions made for someone else.

How it works

01

Initial consultation

A short conversation about your situation and how we can help.

02

Engagement

If we’re a good fit, you’ll receive an engagement agreement before work begins that sets out the fees and exactly what we’ll handle. Planning documents are prepared at a flat fee.

03

Planning meeting

We talk in detail about your health, support system and concerns, review any existing documents, and recommend next steps.

04

Signing

When new documents are prepared, they’re signed with the required formalities. For clients with mobility or health constraints, meetings outside the office may be arranged on a case-by-case basis.

Malia I. Alexander, Certified Elder Law Attorney (National Elder Law Foundation)

Why work with Malia

Malia I. Alexander has made fiduciary decisions on behalf of older adults while also serving as the attorney, so she has seen what happens when documents are missing, outdated or not accepted. She plans with that experience in mind.

Certified Elder Law Attorney badge, National Elder Law Foundation

Certified Elder Law Attorney
National Elder Law Foundation

Certified Trust and Fiduciary Advisor badge

Certified Trust & Fiduciary Advisor

The Supreme Court of Hawaiʻi grants Hawaiʻi certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.

Common Questions

What does an elder law attorney do?

An elder law attorney helps older adults and their families plan for aging, illness and incapacity: who will make decisions and how to protect the person’s wishes and dignity.

What is a Certified Elder Law Attorney (CELA)?

A CELA is an attorney certified by the National Elder Law Foundation after meeting experience, peer review, examination and continuing education requirements.

I don’t have children. Who will make decisions for me?

You can name a trusted friend, relative or professional fiduciary as your agent and trustee. Planning ahead lets you choose, rather than leaving it to a court.

When should I start elder law planning?

The best time is before a health crisis, while you can make and sign decisions yourself. It’s also worth reviewing your plan after a new diagnosis or a change in your support system.

Can someone with dementia still sign a will or power of attorney?

A diagnosis of dementia or Alzheimer’s doesn’t automatically prevent someone from signing legal documents, but it does raise questions about whether they have the capacity to sign. That depends on the person’s understanding at the time of signing, and in some cases an evaluation by their doctor may be needed. Because capacity can change, it’s important to speak with an attorney as soon as possible after a diagnosis.

My parent’s documents are old. Will they still work?

Not always. Older powers of attorney may be rejected by banks, or may not grant the authority needed. We can review them and recommend updates while your parent can still sign.

I’m the agent under my parent’s power of attorney. What am I allowed to do?

It depends on what the document authorizes. An agent must act in good faith, within the authority the power of attorney grants, and in the person’s best interest, keeping the person’s money separate from their own and keeping records. We can review the document and explain what it allows.

Want your wishes in place before they’re needed?

Initial consultations are complimentary (see consultation terms).

We aim to reply within two business days. Prefer to talk? Call (808) 215-6888.