Hawaii Sample Letter for Forwarding of papers concerning Conservatorship
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How to fill out Sample Letter For Forwarding Of Papers Concerning Conservatorship?
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FAQ
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.
In Hawaii the probate process can be either ?formal? involving court appearances, or informal, completed by filing paperwork without court appearances. Whether or not the process can occur informally vs. formally depends on many factors, and evaluation of the case will usually involve the assistance of an attorney.
In Hawaii, if a person dies owning real estate in their own name or if the total value of personal property is worth more than $100,000, their estate must be probated. In other states that threshold may be lower.
§5-301 Appointment and status of guardian. A person becomes a guardian of an incapacitated person by an appointment by a parent, spouse, or reciprocal beneficiary or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward.
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.
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.
