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Maui Guardianship Attorneys

Conservatorships & Guardianships

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.

What Is a Conservatorship?

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.

What Is a Guardianship?

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.

Responsibilities of a Conservator or Guardian

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.

A Limited Conservator’s Duties May Include:

Deciding where the limited conservatee will live
Signing a contract for the limited conservatee
Giving or withholding consent for most medical treatment for the limited conservatee
Giving or withholding consent to the limited conservatee’s marriage or domestic partnership
Giving or withholding consent over the conservatee’s divorce or annulment
Managing the limited conservatee’s financial affairs (for a limited conservator of the estate)

Not Sure Where to Start?

If someone you love needs a conservatorship or guardianship, we are ready to guide you through your options so you can be prepared.

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Our Podcast with Meg Obenauf

Taking Care of Tutu

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.

Guardianships & Conservatorships Episodes

Frequently Asked Questions

A conservatorship is a legal process in Hawaii where a court appoints a person (or persons) to manage the financial and property matters of someone who is unable to do so due to incapacity, such as from dementia or illness.
A guardianship is a legal process where the court appoints someone to make health care decisions and personal care decisions for someone who is incapacitated and unable to make those decisions themselves.
Typically, conservatorships and guardianships are needed for elderly individuals who have become incapacitated due to medical conditions like Alzheimer’s or dementia. They may also be needed for individuals with developmental disabilities who reach adulthood and cannot manage their own affairs.
If someone hasn’t created a power of attorney or healthcare directive and then becomes incapacitated, a conservatorship or guardianship may be necessary. Without these documents, a court-appointed guardian or conservator is required to manage the person’s affairs.
No, a spouse is not automatically able to make all decisions for their partner. For any accounts that are not joint accounts, a spouse will need a power of attorney to transact business from that account. They also may will a power of attorney to make legal decisions on behalf of their spouse. They will need an advance health-care directive in order to make health decisions on behalf of their spouse.
Yes, in Hawaii, conservatorships and guardianships often are filed together as a combined case, especially since the filing fees are only slightly higher when filed together.
In Hawaii, the filing fee for a guardianship is $220, and if you add a conservatorship, the total filing fee is $320.
The process involves filing a petition with the court, including a letter from a physician regarding the individual’s incapacity. Once filed, a hearing will be scheduled, typically a couple of months later, and the court will review the case.
Yes, if family members disagree about the need for or the person appointed as guardian or conservator, the case may become contested and may require litigation, which involves presenting evidence in court.
In urgent situations, such as concerns over fraud or imminent risk to the person’s health or financial well-being, an emergency temporary guardianship or conservatorship can be requested. This temporary order can be granted more quickly, often within a few days, and will need to be followed up with a formal hearing in due course.
The guardian or conservator must report annually to the court on how they are managing the person’s finances and personal care. They must also seek court approval for significant decisions, such as moving the person out of state.
In Hawaii, if there is no family member or friend willing or able to serve, the court can appoint the Office of the Public Guardian as guardian or conservator.
If you would like to avoid the need for a conservatorship or guardianship, it is important to set up a power of attorney and an advance health-care directive while you are still healthy enough to do so.