Navigating the legal process surrounding conservatorships and guardianships can be complex, especially when it comes to protecting loved ones who are unable to manage their own affairs. Whether you’re seeking assistance for a child turning 18, an aging parent or spouse, or a loved one with special needs, our team is here to guide you through the legal steps to establish a conservatorship or guardianship, ensuring that your loved one’s best interests are prioritized.
A conservatorship is a legal proceeding in which a court appoints someone to manage the financial affairs of an individual who is unable to manage their finances on their own. In Hawaii, the court has jurisdiction over establishing conservatorships for both minors and incapacitated adults.
In the case of conservatorships for minors, the court will appoint a conservator if it determines that a minor has money or property requiring management, has business affairs that are at risk due to the minor’s age, or needs protection of funds the minor uses for support or education. For example, if a minor is named a beneficiary on a family member’s life insurance policy or retirement plan, and that family member passes away, the life insurance or retirement company will require that a Conservatorship be established for the minor.
Alternatively, a conservatorship can be established for an adult when there is evidence that they are unable to manage their property and finances. Most often this happens when a child with special needs is about to turn eighteen and the parents need to establish a Conservatorship or when a typically-functioning adult loses capacity due to a medical condition such as a stroke or Alzheimer’s Disease.
Guardianships are a legal relationship between either an incapacitated person or a minor and their court-appointed guardian. A guardian can make legal and health care decisions in all or part of the other person’s life. Some incapacitated individuals are able to make decisions in some areas, but require assistance in others. In this case, a court may give the guardian specific powers to only assist where the person needs it the most.
A person is determined to need guardianship when they lack capacity to make responsible legal, financial, or health care decisions. It’s important to note that courts will not grant guardianship simply because someone is making poor decisions. Instead, the person must lack the capacity to make a sound decision in the first place. And, disabilities or illnesses in and of themselves are not usually enough to declare incompetence.
For more information regarding guardianship for minors, please see our Planning for Children information here.
Once appointed, guardians and conservators are expected to consistently act in the incapacitated person or minor’s best interest.
However, because this responsibility has an opportunity for abuse, courts hold guardians and conservators accountable for their actions with reporting requirements. Guardians and conservators are required to file reports on the individual’s status, finances, and even seek court approval for certain financial transactions. If at any point the court determines that the individual is not being properly cared for, the guardian or conservator may be removed or replaced.
A court can also restrict the responsibilities of a guardian or conservator. Since some people with a disability have the ability to do many things on their own, a judge will only give the limited conservator power to do things the limited conservatee cannot do without help.
Conservatorships and guardianships are available to families seeking a way to care for a loved one who is unable to handle some or all of their affairs without assistance and can be established regardless of the individual’s age. Our firm works with families seeking guidance for establishing a conservatorship or guardianship to help their loved ones, from their children to their aging parents or spouse.
If someone you love needs a conservatorship or guardianship, we are ready to guide you through your options so you can be prepared.
We’re so committed to helping seniors and their loved ones get the care they need, we started a whole podcast about it. You can find the Taking Care of Tutu podcast wherever you listen to podcasts.
