HI risk area
Guardianship risk in Hawaii
How courts appoint guardians for minors when no plan is in place.
Hawaii courts appoint guardians for minors with required notice and best-interest findings, including priority for a minor’s nominee and options for temporary or emergency appointments.
At a glance
Key takeaways
- The court may appoint a guardian when statutory conditions are met and the appointment is in the minor’s best interest.
- A hearing and notice are required, including notice to minors age 14 or older and specified caregivers.
- A minor age 14 or older may nominate a guardian, and the court gives priority unless contrary to the minor’s best interest.
- Temporary guardianships (up to 12 months) and emergency guardianships (up to 30 days) are available for immediate need or substantial harm.
Questions to consider
Questions this risk area helps you evaluate in Hawaii
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Hawaii courts appoint guardians for minors with required notice and best-interest findings, including priority for a minor’s nominee and options for temporary or emergency appointments.
- The court may appoint a guardian when statutory conditions are met and the appointment is in the minor’s best interest.
- A hearing and notice are required, including notice to minors age 14 or older and specified caregivers.
- A minor age 14 or older may nominate a guardian, and the court gives priority unless contrary to the minor’s best interest.
- Temporary guardianships (up to 12 months) and emergency guardianships (up to 30 days) are available for immediate need or substantial harm.
- Older minors may nominate a guardian, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Sources
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-204/
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-205/
- https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-5-206/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Hawaii.