Hawaii Standby Guardianship Guide

State:
Multi-State
Control #:
US-ADOP6
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PDF
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Description

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.

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FAQ

Follow these steps to start a guardianship case: Fill out the forms. You have to fill out 4 forms to start your case, and you need to get a doctor to fill out a physian's certifiate. File the forms. Turn in your completed forms by mail or efiling. Serve the adult, the relatives, and other required people.

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. What's the Difference between Guardianship and Power of Attorney? azhealthelderlaw.com ? faqs ? whats-the-diff... azhealthelderlaw.com ? faqs ? whats-the-diff...

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.

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 of the person - Hawaii State Judiciary Hawaii State Judiciary ? form ? maui Hawaii State Judiciary ? form ? maui PDF

The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

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.

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. ADOPTIONS GUARDIANSHIPS& POWERS OF ATTORNEY lawhelp.org ? resource ? download lawhelp.org ? resource ? download

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Hawaii Standby Guardianship Guide