Hawaii Sample Letter for Petition to Substitute Conservator
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How to fill out Sample Letter For Petition To Substitute Conservator?
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FAQ
You need to call the Family Court Clerk at (808) 244-2700 to get a hearing date. A Family Court Clerk or Judge will sign as necessary. Your court date will be scheduled for about a month or more after filing. Submit as many copies as the number of persons who must receive notice (see H.R.S.
To establish a conservatorship for an incapacitated individual (including a minor), a person must petition the Court for the appointment of a conservator.
The minor (under the age of 18) must be a resident of or physically present in Hawaii prior to the filing of the petition. The process involves filing a petition and other required papers and paying a filing fee of $175 with the Family Court in downtown Honolulu.
A Petition is filed by an interested person with the Court in order to request the establishment of a Conservatorship and appointment of a Conservator. The Petition must contain specific information required by the Hawai`i Revised Statutes regarding the Protected Person, and the proposed Conservator.
In Hawaii a minor or incapacitated person can have a Hawaii court appoint a Guardian or a Conservator, or both. A person who has the authority to make (1) health care decisions for the minor or incapacitated person is called a Guardian, and (2) financial decisions for the minor or incapacitated person is a Conservator.
§5-107 Transfer of jurisdiction. (c) A guardian, conservator, or like fiduciary appointed in another state may petition the court for appointment as a guardian or conservator in this State if venue in this State is or will be established.
The Kokua Kanawai (which means "Helper in the Law") is usually an attorney whose duties include interviewing the parties to the case, reviewing financial and medical records and submitting a written report and recommendation to the judge.
