Hawaii Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

To file for temporary guardianship in Hawaii, you will need to go to your local Family Court and file a petition for guardianship. You will be asked to provide information about yourself and the child, the reasons why you are seeking guardianship, and any other relevant information.

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

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.

§5-301 Appointment and status of guardian. 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.

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.

Guardianship for minor in Hawaii. The guardian generally has the powers and duties of a parent and the guardianship ends upon the court's order or the minor's death, adoption, emancipation or reaching the age of majority.

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Hawaii Nomination or Selection of Guardian by Minor