Hawaii Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

While Hawaii does not technically require you to get your POA notarized, notarization is strongly recommended. Under Hawaii law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.

In Hawaii the probate process can be either ?formal? involving court appearances, or informal, completed by filing paperwork without court appearances. Whether or not the process can occur informally vs. formally depends on many factors, and evaluation of the case will usually involve the assistance of an attorney.

§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.

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.

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.

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 Hawaii, if a person dies owning real estate in their own name or if the total value of personal property is worth more than $100,000, their estate must be probated. In other states that threshold may be lower.

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.

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Hawaii Conservatorship Questionnaire