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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.
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.
You need to call the Family Court Clerk at (808) 244-2700 to get a hearing date. A Family Court Clerk or Judge will sign as necessary. Your court date will be scheduled for about a month or more after filing. Submit as many copies as the number of persons who must receive notice (see H.R.S.
A person becomes a guardian of an incapacitated person by an appointment by a parent, spouse, or reciprocal beneficiary or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
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.
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.