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.

What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?

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.

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