Hawaii Guardianship Laws: Minors, Adults and Conservators (2026)

In Hawaii, guardianship is a court proceeding under Article V of the Uniform Probate Code, HRS chapter 560, which Hawaii enacted in 2004 as the Uniform Guardianship and Protective Proceedings Act (HRS § 560:5-101). A court may appoint a guardian for a minor, or for an adult who is an "incapacitated person," to make personal decisions, and a separate conservator to manage an adult's or a minor's money and property (HRS §§ 560:5-102, 560:5-401). For an adult, the court may appoint a limited or unlimited guardian only if it finds by clear and convincing evidence that the person is incapacitated and that the person's identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance (§ 560:5-311(a)(1)).

Hawaii uses a few terms of its own. The investigator a court may appoint in an adult case is the "kokua kanawai," the statute speaks of an "unlimited" rather than a "full" guardian, and a reciprocal beneficiary stands beside a spouse in the list of people who may serve. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii state law on guardianship of minors and adults and on conservatorship in Article V of HRS chapter 560, together with the statutory alternatives to guardianship (delegation of parental powers, the caregiver consent affidavit for a minor's health care, supported decision-making agreements and health-care surrogates) and interstate transfers under HRS chapter 551G. It does not cover custody disputes between parents (see Hawaii child custody laws), grandparent visitation (see Hawaii grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Hawaii probate), child-protective cases under HRS chapter 587A, which are a separate track, or civil commitment and mental-health holds.

Hawaii guardianship terms and where the law lives

Parts 1 through 4 of Article V of HRS chapter 560 "may be cited as the Uniform Guardianship and Protective Proceedings Act" (§ 560:5-101). Part 2 governs guardianship of minors, Part 3 guardianship of incapacitated adults, and Part 4 conservatorship and other protective proceedings.

The family court has exclusive jurisdiction over guardianships of minors; the circuit court and the family court share jurisdiction over guardianships of incapacitated adults; and the circuit court has exclusive jurisdiction over conservatorships and other Part 4 protective proceedings, for adults and minors (§ 560:5-106).

The adult side of the law rests on one definition:

"Incapacitated person" means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.

HRS § 560:5-102

The test is functional. It asks what the person can do, even with technology that is appropriate and reasonably available, rather than naming a diagnosis.

How to get guardianship of a child in Hawaii

A person becomes the guardian of a minor in one of two ways: by parental appointment or by appointment of the court (§ 560:5-201). Once in place, the guardianship continues until terminated, "without regard to the location of the guardian or minor ward" (§ 560:5-201).

The standard for a court appointment. Section 560:5-204(b) sets the test:

The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (1) The parents consent; (2) All parental rights have been terminated; or (3) The parents are unwilling or unable to exercise their parental rights.

HRS § 560:5-204(b)

The best-interest finding must be paired with one of the three listed conditions: unless the parents consent or their rights have been terminated, the court must find that the parents are unwilling or unable to exercise their parental rights. The section does not state a burden of proof.

Who gets notice. Notice of the proceeding goes to the minor if 14 or older, to the person who had primary care of the minor during the 60 days before the petition, to each living legal parent, to anyone the minor nominated, and to any person a parent appointed as guardian, as § 560:5-205 sets out.

A lawyer for the child. If the court determines at any stage, before or after appointment, that the minor's interests are or may be inadequately represented, "it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained fourteen years of age" (§ 560:5-205(c)).

The child's own choice. "The court shall appoint a person nominated by the minor, if the minor has attained fourteen years of age, unless the court finds the appointment will be contrary to the best interest of the minor" (§ 560:5-206). The court may also create a limited guardianship of a minor, except after parental rights have been terminated under chapter 571 or chapter 587A (§ 560:5-206).

Temporary and emergency guardian of a minor. On a showing that an immediate need exists and that the appointment would be in the minor's best interest, the court may appoint a temporary guardian for a minor. "Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship shall not exceed twelve months" (§ 560:5-204(d)). If following the usual procedures will likely result in substantial harm to the minor's health or safety and no other person appears to have authority to act, the court may appoint an emergency guardian for the minor whose authority may not exceed 30 days and covers only the powers in the order; if the emergency guardian is appointed without notice, notice must be given within 48 hours and a hearing held within five days (§ 560:5-204(e)).

What the guardian may decide. A guardian of a minor has the duties and powers of a parent (§ 560:5-207). Among other powers, and if otherwise consistent with any custody order of a court of competent jurisdiction, the guardian may take custody of the minor and establish the minor's place of custodial dwelling, but "may only establish or move the ward's custodial dwelling outside the State upon express authorization of the court" (§ 560:5-208(b)(2)). The guardian may consent to medical or other care and to the minor's marriage (§ 560:5-208(b)(4), (5)), and may consent to adoption only if the court specifically authorizes it (§ 560:5-208).

When it ends. "A guardianship of a minor terminates upon the minor's death, adoption, emancipation or attainment of majority, or as ordered by the court" (§ 560:5-210(a)). The minor or an interested person may petition for any order that is in the minor's best interest (§ 560:5-210).

A child's money. Guardianship of a minor covers the person. If a minor owns money or property that needs management or protection that cannot otherwise be provided, has business affairs that may be put at risk because of the minor's age, or needs money for support and education, the court may appoint a conservator or make another protective order under § 560:5-401(1).

Disputes between parents over custody run through a different process; see Hawaii child custody laws. A grandparent who wants visitation rather than guardianship should see Hawaii grandparents' rights.

Can a parent name a guardian in a will in Hawaii?

Yes. "A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future" (§ 560:5-202(a)). The appointment may specify limits on the guardian's powers, and the appointing parent may revoke or amend it before the court confirms it (§ 560:5-202(a)).

The appointment does not wait for the parent's death. Subject to § 560:5-203, it becomes effective on the first of these to occur (§ 560:5-202(c)):

1. the appointing parent's death;
2. an adjudication that the parent is an incapacitated person; or
3. a written determination by a physician who has examined the parent that the parent is no longer able to care for the child.

Section 560:5-202 also sets 30-day deadlines for the appointee to file an acceptance and to petition the court to confirm the appointment.

Objections. Until the court confirms the appointee, the appointment can be blocked or ended by a written objection filed in the court where the appointing instrument is filed, by the minor if 14 or older, by the other parent, or by a person other than a parent or guardian who has care or custody of the minor (§ 560:5-203). An objection does not prevent the court from appointing the same person in a judicial proceeding (§ 560:5-203).

Part 2 of Article V, which governs minor guardianship in §§ 560:5-201 to 560:5-210, contains no separate standby-guardian procedure. Because a parental appointment can take effect on a physician's written determination that the parent can no longer care for the child, it covers part of the ground a standby statute covers elsewhere. A parent may also petition the court to confirm the chosen guardian before the appointment takes effect, on a finding that the parent will likely become unable to care for the child within two years; confirmation ends others' right to object (§ 560:5-202(b)). A parental appointment does not supersede the parental rights of either parent, and if both parents have died or been adjudged incapacitated, the appointment by the last of them has priority (§ 560:5-202(g)).

Parents and spouses can also plan for an adult. A parent may appoint a guardian by will or other signed writing for an unmarried child the parent believes is an incapacitated person, and a spouse or reciprocal beneficiary may do the same for the other (§ 560:5-302(a), (b)). Until the court confirms the appointment, a written objection by the person, the person's caregiver or the nearest adult relative terminates it (§ 560:5-302(c)). The appointment takes effect on the appointing person's death, adjudicated incapacity, or a physician's written determination (§§ 560:5-302, 560:5-303). "The appointment of a guardian under this section is not a determination of incapacity" (§ 560:5-303(g)).

Letting a relative care for a child without going to court

Hawaii law offers at least two tools that do not require a guardianship case.

Delegation of parental powers. Section 560:5-105 reads in full on the point:

A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, which time limit shall be expressly stated in the document, any power regarding the care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.

HRS § 560:5-105

The limits matter: the period may not exceed one year, the document itself must state the time limit, and the powers to consent to marriage or adoption stay with the parent or guardian. A delegation is a power of attorney; it does not make the agent a court-appointed guardian.

Caregiver consent affidavit for a minor's health care. Under HRS § 577-28, a caregiver who has and presents a notarized affidavit of caregiver consent "may consent on behalf of a minor to primary and preventive medical and dental care and diagnostic testing, and other medically necessary health care and treatment." The affidavit requires the parent's signature or documented attempts to reach the parent, a parent may rescind it in writing, and it is not available for a child placed in the custody of the Department of Human Services under chapter 587A (§ 577-28). A caregiver for this purpose is a person 18 or older who is related to the minor by blood, marriage or adoption or has lived with the minor continuously for the preceding six months or more (§ 577-28(g)).

School enrollment. A separate Department of Education affidavit for caregiver consent lets a caregiver consent to a minor's school enrollment and to curricular and co-curricular school activities (HRS § 302A-482(a)); it is a different document from the health-care affidavit (§ 577-28(f)).

How to become guardian of an adult in Hawaii

Who may petition. "An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual" (§ 560:5-304(a)). The petition must name any health-care agent or designated surrogate, and if an unlimited guardianship is requested it must state "the reason why limited guardianship is inappropriate"; if a limited guardianship is requested, it must state the powers to be granted (§ 560:5-304(b)(6), (9)).

Notice. The petition and the notice of hearing must be served personally on the respondent. The notice must state that the respondent must be physically present unless excused by the court, inform the respondent of the rights at the hearing, and describe the nature, purpose and consequences of an appointment (§ 560:5-309(a)). "A failure to serve the respondent with a notice substantially complying with this subsection shall preclude the court from granting the petition" (§ 560:5-309(a)). Section 560:5-309 does not itself set a number of days. Article V's general notice section requires notice at least fourteen days before a hearing where no specific requirement is otherwise provided, unless the court orders or waives otherwise for good cause (§ 560:5-113(a)).

The kokua kanawai. When it sets the hearing, the court may appoint a kokua kanawai (§ 560:5-305(a)). Unless the court orders otherwise for good cause, a kokua kanawai interviews the respondent in person, explains the respondent's rights including the right to a lawyer, visits the respondent's present dwelling, and files a written report with the court (§ 560:5-305(c)-(e)).

The right to a lawyer. Counsel is not automatic. The statute lists when the court must appoint one:

The court shall appoint a lawyer to represent the respondent in the proceeding if: (1) Requested by the respondent; (2) Recommended by the kokua kanawai; or (3) The court determines that the respondent needs representation.

HRS § 560:5-305(b)

Section 560:5-305 provides for payment of these costs from the respondent's estate.

Professional evaluation. "At or before a hearing under this part, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands" (§ 560:5-306). The evaluator's written report describes the nature and extent of the respondent's limitations, the prognosis and a treatment recommendation (§ 560:5-306).

The hearing. The respondent must attend and participate unless excused by the court for good cause, and may present evidence, subpoena witnesses and documents, and examine witnesses, including any court-appointed evaluator and the kokua kanawai (§ 560:5-308(a)). The hearing may be held where it is convenient for the respondent, and may be closed on the respondent's request and a showing of good cause (§ 560:5-308(a)).

What the court must find. Section 560:5-311(a)(1) allows a court to appoint a limited or unlimited guardian "only if it finds by clear and convincing evidence that: (A) The respondent is an incapacitated person; and (B) The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance." Both findings are required.

Limited guardianship comes first. "The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence" (§ 560:5-311(b)). After the appointment, the person under guardianship must be sent the order and notice of the right to seek termination or modification within 14 days (§ 560:5-311(c)). The court forwards orders appointing a guardian of an incapacitated person to the Hawaii criminal justice data center, which sends the information to the FBI's National Instant Criminal Background Check System and keeps it for firearms permitting and registration under chapter 134 (§ 560:5-311(d)).

Who can serve as guardian in Hawaii

Section 560:5-310(a) gives priority, in this order and subject to the conditions in the section, to:

1. a guardian, other than a temporary or emergency guardian, already acting for the respondent;
2. a person the respondent nominates, including the respondent's most recent nomination in a durable power of attorney, if the respondent had sufficient capacity to express a preference when making it;
3. the respondent's health-care agent or designated surrogate;
4. the respondent's spouse or reciprocal beneficiary;
5. an adult child;
6. a parent; and
7. an adult with whom the respondent has lived for more than six months before the petition was filed.

Acting in the respondent's best interest, the court may decline to appoint a person with priority and appoint someone with lower or no priority (§ 560:5-310(b)).

There is one express bar: "An owner, operator, or employee of a long-term care institution or other care settings at which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption, or otherwise ordered by the court" (§ 560:5-310(c)).

What a Hawaii guardian can decide, and what the person keeps

A guardian "shall exercise authority only as necessitated by the ward's limitations" and, to the extent possible, must encourage the person to participate in decisions, act on their own behalf, and develop or regain the capacity to manage personal affairs (§ 560:5-314(a)). In making decisions, the guardian "shall consider the expressed desires and personal values of the ward to the extent known to the guardian" (§ 560:5-314(a)). The guardian must also stay acquainted with the person and tell the court if the person's capacity returns (§ 560:5-314(b)).

Powers. Except as limited by the court, the guardian may, among other things listed in § 560:5-315:

• take custody of the person and establish the place of dwelling, if consistent with any custody order of a court of competent jurisdiction, but may only establish or move the dwelling outside Hawaii "upon express authorization of the court" (§ 560:5-315(a)(2));
• consent to medical or other care, treatment or service (§ 560:5-315(a));
• consent to the person's marriage or divorce (§ 560:5-315(a)(5)); and
• consent to adoption of the person only if the court specifically authorizes it (§ 560:5-315).

Limits that need a court order. Section 560:5-316(c) says:

A guardian, without authorization of the court, shall not: (1) Revoke any health care directions set forth in any medical directive or health care power of attorney of which the ward is the principal; provided that the appointment of a guardian shall automatically terminate the authority of any agent designated in the medical directive or health care power of attorney; or (2) Restrict the personal communication rights of the ward, including the right to receive visitors, telephone calls, and personal mail, unless deemed by the guardian to pose a risk to the safety or well-being of the ward.

HRS § 560:5-316(c)

Two points follow from that text. The appointment of a guardian ends a health-care agent's authority automatically, even though the guardian may not revoke the person's health-care directions without the court. And the guardian may restrict visitors, calls and mail without a court order only where the guardian deems them a risk to the person's safety or well-being. The statute permits commitment of the person only through the state's involuntary civil commitment procedure (§ 560:5-316(d)).

Reports. "Within thirty days after appointment, a guardian shall report to the court in writing on the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the court" (§ 560:5-317(a)). The report covers the person's living arrangements, services, visits, the extent of the person's participation in decisions, and a recommendation on whether the guardianship is still needed, and the court must establish a system for monitoring guardianships (§ 560:5-317).

Emergency guardianship in Hawaii

An emergency guardian requires a petition by a person interested in the respondent's welfare and two findings:

If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed ninety days and who may exercise only the powers specified in the order.

HRS § 560:5-312

An emergency guardian may be appointed without notice only if the court finds the respondent will be substantially harmed before a hearing can be held; the respondent must then be given notice within 48 hours, and the court must hold a hearing within ten days unless it extends that time. The court may appoint a lawyer for the respondent throughout the emergency guardianship, and the appointment is not a determination of incapacity (§ 560:5-312(a)-(c)). A separate section, § 560:5-313, lets the court appoint a temporary substitute guardian when an existing guardian is not performing.

How a Hawaii guardianship ends and rights are restored

The person under guardianship, the guardian or another interested person may petition; the court may terminate the guardianship if the person no longer needs a guardian's assistance or protection, or modify it if the protection or powers granted are currently excessive or insufficient (§ 560:5-318(b)). Except as the court otherwise orders for good cause, it follows the same procedures that safeguard the person's rights at an appointment (§ 560:5-318(c)). The standard then favors ending it:

Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination unless it is proven by clear and convincing evidence that continuation of the guardianship is in the best interest of the ward.

HRS § 560:5-318(c)

Once the petitioner makes a prima facie case, the burden shifts to whoever wants the guardianship to continue.

Conservatorship in Hawaii

A conservator manages property rather than personal decisions. For an adult, § 560:5-401(2) requires two findings with two different standards: by clear and convincing evidence, that the individual is unable to manage property and business affairs effectively because of an impairment in the ability to receive and evaluate information or make or communicate decisions, even with appropriate and reasonably available technological assistance, or because of another physical, mental or health impairment, or because the individual is missing, detained or unable to return to the United States; and, by a preponderance of the evidence, that the individual has property that will be wasted or dissipated unless management is provided, or meets the section's other condition about money needed for the individual's support.

Least restrictive order. When the proceeding is brought for reasons other than minority and a basis for a conservatorship or other protective order exists, "the court shall make the least restrictive order consistent with its findings" (§ 560:5-409(b)). Instead of appointing a conservator, the court may authorize protective arrangements or a single transaction (§ 560:5-412(a)).

Inventory. "Within sixty days after entry of the order of appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits" (§ 560:5-419(a)).

Bond and accounts. The court may require a conservator to furnish a bond (§ 560:5-415). A conservator must petition for approval of accounts and report to the court annually unless the court directs otherwise, and on resignation, removal or termination of the conservatorship (§ 560:5-420(a)).

Acts that need express court approval. After notice to interested persons and on express authorization of the court, a conservator may make gifts (subject to § 560:5-427(b)), create or amend trusts, exercise powers of appointment, change beneficiary designations and take the other estate-planning steps § 560:5-411(a) lists. Without that authorization, the conservator may not take those steps.

Alternatives to guardianship in Hawaii

Supported decision-making agreements. Hawaii added HRS chapter 349F by Act 284 of the 2025 session. A "qualified adult" under the chapter includes an adult with a disability, a mentally ill adult, and an aging adult 65 or older (§ 349F-1). The key rules:

• A qualified adult may enter an agreement voluntarily, without coercion or undue influence, with one or more members of a "supportive community," but the agreement "shall not adversely affect the decision-making authority granted to a court-appointed guardian or court-appointed conservator" (§ 349F-2(a)).
• The agreement must be in writing and "signed voluntarily, without coercion or undue influence, by the qualified adult and each member of the supportive community in the presence of two or more attesting and disinterested witnesses who are eighteen years of age or older, or a notary public" (§ 349F-4).
• "A person who receives the original or a copy of the supported decision-making agreement shall rely on the agreement and its authority to assist as presented," and a person who relies on it in good faith is protected from civil and criminal liability for that reliance (§ 349F-5).

Powers of attorney and advance directives. A durable power of attorney or a health care power of attorney is signed while a person still has capacity, and a nomination of a guardian in a durable power of attorney counts in the priority list (§ 560:5-310(a)). Signing rules are on our Hawaii power of attorney laws page. Free drafting tools are available for a Hawaii power of attorney and a Hawaii advance directive; a tool is not legal advice, and any document must be signed under the Hawaii rules on the power of attorney page.

Health-care surrogates. When an adult cannot make health-care decisions and has no guardian or agent, HRS § 327E-5 lets the patient designate a surrogate and otherwise asks interested persons to "make reasonable efforts to reach a consensus as to who among them shall make health-care decisions on behalf of the patient," preferring "the person who has a close relationship with the patient and who is the most likely to be currently informed of the patient's wishes" (§ 327E-5(d)). A surrogate acts only after the primary physician determines the patient lacks capacity (§ 327E-5(b)), and a surrogate the patient did not designate may withhold or withdraw artificial nutrition and hydration only when two physicians certify the conditions in § 327E-5(g).

Federal benefits. Social Security appoints its own representative payee to manage benefits and does not simply defer to a court-appointed guardian; our guardianship laws by state overview covers that federal layer.

Moving to or from Hawaii with a guardianship

Hawaii adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as HRS chapter 551G in 2012 (§ 551G-1). A guardian or conservator appointed in Hawaii may petition to transfer the case to another state (§ 551G-21), and a guardian appointed in another state may register the out-of-state order in Hawaii as a foreign judgment (§ 551G-31). Separately, a Hawaii guardian needs express court authorization before moving the person's dwelling outside the state (§§ 560:5-208(b)(2), 560:5-315(a)(2)).

Hawaii guardianship at a glance

Related Hawaii pages

• Guardianship laws by state
• Hawaii power of attorney laws
• Hawaii child custody laws
• Hawaii grandparents' rights
• Hawaii probate

This article provides general legal information about Hawaii guardianship law, not legal advice. Guardianship cases turn on their facts and on court rules and practice. For advice about a specific situation, contact a lawyer licensed in Hawaii or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Hawaii?

A court may appoint a guardian for a minor if the appointment is in the child'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 (HRS § 560:5-204(b)). Notice goes to the child if 14 or older, each living legal parent, and the person who had primary care of the child in the prior 60 days, among others (§ 560:5-205).

Can a parent in Hawaii give a relative authority over a child without court?

Yes. A parent may delegate powers regarding the child's care, custody or property by power of attorney for no more than one year, with the time limit stated in the document, but cannot delegate the power to consent to marriage or adoption (HRS § 560:5-105). A notarized caregiver affidavit under HRS § 577-28 separately covers consent to a minor's primary, preventive and other medically necessary health care, for a caregiver 18 or older who is related to the child or has lived with the child continuously for the preceding six months or more, except for children in Department of Human Services custody under chapter 587A. School enrollment uses a separate caregiver affidavit (HRS § 302A-482).

When does a guardian named by a parent take over in Hawaii?

A parent's appointment by will or other signed writing takes effect on the parent's death, an adjudication that the parent is incapacitated, or a physician's written determination that the parent can no longer care for the child, whichever comes first (HRS § 560:5-202(c)). Until the court confirms it, a child 14 or older, the other parent, or a non-parent with care or custody can block it by written objection (§ 560:5-203).

What must be proved to get guardianship of an adult in Hawaii?

Clear and convincing evidence that the person is incapacitated and that the person's identified needs cannot be met by less restrictive means, including appropriate and reasonably available technological assistance (HRS § 560:5-311(a)(1)).

Does the adult get a lawyer in a Hawaii guardianship case?

The court shall appoint a lawyer if the respondent requests one, the kokua kanawai recommends one, or the court determines the respondent needs representation (HRS § 560:5-305(b)). Otherwise appointment is not automatic.

What is a kokua kanawai?

It is an individual a Hawaii court may appoint in an adult guardianship case to interview the respondent, visit the respondent's dwelling, explain the right to a lawyer and report to the court; the term is defined by reference to Hawaii Probate Rule 113 (HRS §§ 560:5-102, 560:5-305).

How long does an emergency guardianship last in Hawaii?

For an adult, an emergency guardian's authority may not exceed 90 days, and the guardian may exercise only the powers specified in the order (HRS § 560:5-312). For a minor, an emergency guardian's authority may not exceed 30 days (HRS § 560:5-204(e)).

Can a Hawaii guardian move the person to another state?

Only with express authorization of the court (HRS § 560:5-315(a)(2) for adults; § 560:5-208(b)(2) for minors).

Does Hawaii have supported decision-making agreements?

Yes. HRS chapter 349F, added by Act 284 of 2025, lets a qualified adult sign a written agreement with chosen supporters before two or more disinterested witnesses 18 or older or a notary public; the agreement does not adversely affect a court-appointed guardian's or conservator's authority (HRS §§ 349F-2, 349F-4).

How is a Hawaii guardianship ended?

The person under guardianship, the guardian or another interested person may petition. Once the petitioner makes a prima facie case for termination, the court must terminate unless continuation is proven by clear and convincing evidence to be in the person's best interest (HRS § 560:5-318(c)).