HI estate risk
Guardianship risk in Hawaii
How courts appoint guardians for minors when no plan is in place.
Hawaii courts appoint guardians for minors with required notice and best-interest findings, including priority for a minor’s nominee and options for temporary or emergency appointments.
At a glance
Key takeaways
- The court may appoint a guardian when statutory conditions are met and the appointment is in the minor’s best interest.
- A hearing and notice are required, including notice to minors age 14 or older and specified caregivers.
- A minor age 14 or older may nominate a guardian, and the court gives priority unless contrary to the minor’s best interest.
- Temporary guardianships (up to 12 months) and emergency guardianships (up to 30 days) are available for immediate need or substantial harm.
Questions to consider
Questions to consider in Hawaii
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Hawaii courts appoint guardians for minors with required notice and best-interest findings, including priority for a minor’s nominee and options for temporary or emergency appointments.
- The court may appoint a guardian when statutory conditions are met and the appointment is in the minor’s best interest.
- A hearing and notice are required, including notice to minors age 14 or older and specified caregivers.
- A minor age 14 or older may nominate a guardian, and the court gives priority unless contrary to the minor’s best interest.
- Temporary guardianships (up to 12 months) and emergency guardianships (up to 30 days) are available for immediate need or substantial harm.
- Older minors may nominate a guardian, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Sources
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-204/
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-205/
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-206/
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Hawaii.
Optional next steps
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