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Guardianship for minor in Hawaii. A parent may nominate a person to serve as guardian via a Will or other signed writing, but the court can appoint someone other than the testamentary nominee since it will always appoint the person it feels will be in the best interests of the minor.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
The minor (under the age of 18) must be a resident of or physically present in Hawaii prior to the filing of the petition. The process involves filing a petition and other required papers and paying a filing fee of $175 with the Family Court in downtown Honolulu.
Guardianship of a minor A guardianship does not terminate the parental rights of the child's parents, however, and the parents continue to be financially responsible for the child.
Petitioning costs in Cook County are $50.00 for filing for person only guardianship, $70.00 for estates up to $15,000.00 and $105.00 for estates in excess of $15,000.00.
A Petition is filed by an interested person with the Court in order to request the establishment of a Conservatorship and appointment of a Conservator. The Petition must contain specific information required by the Hawai`i Revised Statutes regarding the Protected Person, and the proposed Conservator.
In order to establish legal guardianship of an adult, one must file a standard petition with the court explaining who requires guardianship and why, the proposed guardian, and a note from a physician explaining how that adult is incapacitated.