Guardianship of a Child or Adult in Hawaii
How to become a guardian of a child or an adult in Hawaii: who can petition, the court process and alternatives.
Short answer: A minor or anyone interested in the minor's welfare may petition the court. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. Haw. Rev. Stat. §§ 560:5-201, 560:5-202, 560:5-204, 560:5-205
| Guardianship of a child | A minor or anyone interested in the minor's welfare may petition the court. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. Notice goes to the minor (if 14 or older), whoever had primary care during the previous 60 days, and each living legal parent. A parent can also name a guardian by will or other signed writing. A temporary guardian may be appointed for up to 12 months when there is an immediate need, and an emergency guardian for up to 30 days. |
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| Guardianship of an adult | The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the petition as one for a protective order, enter another order, or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence. Source: Haw. Rev. Stat. § 560:5-311 |
Where to get help in Hawaii
More Hawaii divorce & family law
- Getting a Marriage License in Hawaii
- Adopting a Child in Hawaii
- Establishing Paternity in Hawaii
- Changing Your Name in Hawaii
- Child Custody Laws in Hawaii
- How Child Support Is Calculated in Hawaii
- Divorce Records in Hawaii
- Alimony and Spousal Support in Hawaii
- How to File for Divorce in Hawaii
- Legal Separation and Annulment in Hawaii
- All Hawaii divorce & family law rules
FAQ
How do you get guardianship of a child in Hawaii?
A minor or anyone interested in the minor's welfare may petition the court. The court may appoint a guardian if it is in the minor's best interest and the parents consent, all parental rights have been terminated, or the parents are unwilling or unable to exercise their parental rights. Notice goes to the minor (if 14 or older), whoever had primary care during the previous 60 days, and each living legal parent. A parent can also name a guardian by will or other signed writing. A temporary guardian may be appointed for up to 12 months when there is an immediate need, and an emergency guardian for up to 30 days.
How do you get guardianship of an adult in Hawaii?
The court may appoint a limited or unlimited guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that his or her identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance. Otherwise it may treat the petition as one for a protective order, enter another order, or dismiss. Whenever feasible, the court grants only the powers the person's limitations and needs require, to encourage maximum self-reliance and independence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.