Hawaii Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
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 guardianship 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

To establish a conservatorship for an incapacitated individual (including a minor), a person must petition the Court for the appointment of a conservator.

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. §5-302 Appointment of guardian by will or other writing.

§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.

A2: A guardian is a person or institution appointed by a judge to take care of and be legally accountable for a person who cannot take care of himself or herself. The person that the guardian is responsible for is called the ward. Wards are either minor children or incapacitated persons.

A ward of the state is a person under the government's protection. Children and adults with cognitive disabilities can become wards of the state when they lack a competent parent or trusted person to look out for them and, because of young age or incapacity, cannot care for themselves.

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.

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.

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.

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Hawaii Guardianship Questionnaire