Guardianship & Conservatorship
What is Guardianship and Conservatorship?
In Hawaii, guardianships and conservatorships are court-appointed roles to help take care of people who can't make decisions for themselves, like minors or incapacitated adults. A guardian looks after the person's health and well-being, while a conservator handles their finances. The court selects the guardian or conservator based on what's in the best interest of the person needing help.
Guardianship:
- A guardian decides on things like healthcare and daily needs for the person who can't make decisions for themselves.
- In Hawaii, the court usually appoints a guardian for non-financial matters.
- The guardian's job is to make sure the person's needs are met and that they are well cared for.
- A guardian could be appointed for a minor if their parents can't take care of them.
Conservatorship:
- A conservator manages the money and assets of the person who can't handle their finances.
- The Hawaii court typically appoints a conservator for financial decisions.
- The conservator can handle the person's money, pay debts, and represent them in legal matters.
- A conservator might be needed for a minor with property or business affairs that need managing.
Key Differences:
- Guardianship is about personal care, while conservatorship is about money matters.
- Both roles are picked by the court and involve reporting to the court annually.
- The court might appoint a guardian, conservator, or both, depending on the person's needs.
Getting Guardianship or Conservatorship:
- Someone can ask the court to appoint a guardian or conservator by filing a petition.
- The petition must include details about the person needing help and the proposed guardian or conservator.
- It usually includes a doctor's opinion on the person's ability to manage their affairs.
- The court decides if the person can't handle their affairs or if their assets need protection.
- For guardianships, a doctor must say the person can't make decisions that affect their health and safety.
