We often represent health care entities in filing Family Court petitions to get the Office of Public Guardian appointed as an incapacitated adult’s guardian. For these individuals a conservatorship is not required as their assets are non-existent or in a trust. The health care entity needs someone to made health care decisions for the incapacitated person, and no family member of the incapacitated person can be found or is willing to be the guardian.
We also are hired by individual families to have a family member appointed the Hawaii guardian of (1) an incapacitated adult, or (2) an incapacitated minor who is about to reach 18. The latter is something that many Hawaii families to do not realize must be done as the parents lose decision making powers once the minor turns 18.
For all guardianships a physician must submit a written statement that the subject is incapacitated under Hawaii law. Specific language required for a Hawaii guardianship must be in the written report. In addition, a Social Summary is prepared by a Social Worker, or a family member.
Notice requirements must be met, and the respondent must be physically present at the hearing unless excused by the Court.
Contact us if a Hawaii guardianship is necessary for an incapacitated person.