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Natori Law Office LLLC

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1003 Bishop St • Pauahi Tower • Suite 1360 • Honolulu, HI 96813
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  • Home
  • Our Attorneys
    • Nathan Natori
    • Ryan Mukai
  • About Us
    • Your Initial Meeting
    • Clients
    • Testimonials
    • Fees
    • Outer Island
      • Big Island
      • Maui
      • Kauai
  • Practice Areas
    • Real Estate
      • Purchase & Sale of Hawaii Real Estate
      • Agreement of Sale
      • Commercial
      • Encroachment
      • Eviction
      • For Sale by Owner
      • Landlord / Tenant
      • Brokers & Realtors
      • Water Rights
      • Partition
    • Business
      • Forming A Business
      • Acquiring A Business
      • Corporate Governance
    • Financial Institutions
    • Construction
    • Debt Collection
    • Finance
    • Foreclosure
    • Franchise
    • Health Care
    • Land Use
    • Lobbying
    • Nonprofit
    • Public Utilities
    • Guardianship
    • Probate
  • News
  • Articles
  • Contact Us

How Hawaii Hospitals File Guardianship for an Incapacitated Patient

Hawaii hospitals have patients who were accepted for health care, but over time no longer need the level of care that a hospital provides. If:

  • Those patients are incapacitated adults who cannot receive and evaluate health care information or make or communicate such decisions on their own,
  • No relatives or friends are willing to be a Guardian for the incapacitated patient, and
  • A conservatorship of the assets is not necessary because the patient does not have significant assets, the hospital will hire an attorney to file a petition to the Hawaii Family Court to get the Office of Public Guardian appointed as guardian for the patient.

Interested persons must be served the petition, and reports by physicians and social workers are attached to support the petition. The Office of Public Guardian (a part of the Hawaii State Judiciary) will meet with the patient to determine if the patient is incapacitated and if appointment of a guardian is necessary in order to provide continuing care and supervision of the incapacitated person.

A hearing is held and the Judge will decide if the patient is indeed incapacitated and needs a guardian. Once the Order Appointing the Office of Public Guardian is signed by the Family Court Judge the hospital can then have the patient transferred to a health care facility that offers a lower level of care and a less restrictive environment.

Experienced Legal Representation for Hawaii Hospitals

Contact me if you need a Hawaii attorney who has experience with representing hospitals and filing guardianships for incapacitated patients.

More Articles on Hawaii Health Care
  • Hawaii Health Care Entities Should Have a Policy for the Safekeeping of Patient’s Tangible Personal Property
  • Hawaii HIPAA Compliance Steps
  • How Hawaii Hospitals File Guardianship for an Incapacitated Patient
  • Why Hawaii Health Care Entities Should Have a Notary Public Policy

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Aditya S.

Nathan is thorough, detailed, and knowledgeable.

Natori Law Office LLLC
1003 Bishop St
Pauahi Tower, Ste 1360
Honolulu, HI 96813

Ph: (808) 275-0155

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