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A conservatorship is a Court proceeding where: (1) the Court determines that an individual is in need of assistance in managing his/her money and/or property, and (2) the Court appoints someone to provide such assistance.
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 Kokua Kanawai (which means "Helper in the Law") is usually an attorney whose duties include interviewing the parties to the case, reviewing financial and medical records and submitting a written report and recommendation to the judge.
In Hawaii a minor or incapacitated person can have a Hawaii court appoint a Guardian or a Conservator, or both. A person who has the authority to make (1) health care decisions for the minor or incapacitated person is called a Guardian, and (2) financial decisions for the minor or incapacitated person is a Conservator.