Understanding Separate Appointments for Person and Estate under Hawaii Guardianship Law
Detailed Answer
This answer explains how Hawaii law treats appointment as guardian of the person versus guardian of the estate (sometimes called guardian of property). Under Hawaii law, those are distinct roles. Being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint anyone who will handle the incapacitated person’s money, property, or financial affairs.
Why they are separate: a guardian of the person focuses on personal needs — housing, medical care, daily living, and safety. A guardian of the estate handles financial decisions — paying bills, managing bank accounts, collecting income, selling property, and investing assets. Because the authority over money carries different duties and risks, the court treats the financial role separately and requires a separate petition and court order for it.
How this works in practice in Hawaii:
- A person seeking to be the guardian of another must file a petition with the probate/guardianship court describing the proposed ward’s condition and the relief sought.
- If you request appointment as guardian of the person only, the court will consider your fitness and the ward’s needs for personal-care decisions. If approved, the court issues letters appointing you to that role.
- If you also need authority to manage the ward’s finances, you must ask the court to appoint you as guardian of the estate (or petition separately for that appointment). The court will evaluate the need for a financial guardian, the available alternatives, and whether you are qualified and able to handle the estate. The court may require a bond, inventory of assets, and periodic accountings.
- The court can appoint the same individual to both roles when appropriate, but the appointments are separate and shown in the court’s orders and letters of guardianship.
Statutory framework: Hawaii’s guardianship provisions govern the scope of duties, powers, bond and accounting requirements, and court supervision of guardians. See Hawaii Revised Statutes, chapter 560 (Guardianship), for the controlling statutory rules and definitions. For procedural rules and forms, consult the Hawaii State Judiciary’s guardianship self-help pages.
Where to look (official sources):
- Hawaii Revised Statutes, chapter 560 (Guardianship): https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0560/
- Hawaii State Judiciary — Self-Help: Guardianship information and forms: https://www.courts.state.hi.us/self-help/family/guardianship
Practical consequences to know:
- If you act as guardian of the person but handle money without a court order appointing you guardian of the estate, you risk court sanctions, liability for misapplied funds, and having your actions reversed. Always obtain court authority before managing the ward’s assets.
- The court typically requires a bond, an inventory of the ward’s assets, and regular accountings when someone is appointed guardian of the estate. The bond protects the ward’s property if the guardian misuses funds.
Emergency and limited authority: In urgent situations the court can issue temporary or limited orders (for example, temporary guardianship or limited financial powers) to address immediate needs. But those orders still must come from the court; emergency personal authority does not automatically include full estate powers.
Summary: Appointment as guardian of the person in Hawaii does not automatically give you authority over the ward’s estate. To manage finances you must be appointed by the court as guardian of the estate (or receive a specific court order granting estate powers).
Disclaimer: This article explains general principles of Hawaii guardianship law and is for educational purposes only. It is not legal advice. Laws change and facts matter. Consult an attorney licensed in Hawaii or contact the probate/guardianship clerk at the appropriate Hawaii court for guidance on a specific case.
Helpful Hints
- Before you act on any financial matters, confirm whether the court has issued letters authorizing you to manage the estate.
- When petitioning, clearly request the roles you want (person, estate, or both) so the court can consider each separately.
- Be prepared to provide the court with an inventory of assets and to post a bond if required. Keep careful records and save receipts for all financial transactions.
- For major transactions (selling real estate, transferring large accounts), ask the court for prior approval to avoid later disputes or objections.
- If immediate help is needed, ask the court for temporary or emergency guardianship powers specifying what is needed and for how long.
- Consider whether less-restrictive alternatives (powers of attorney, supported decision-making, joint accounts) might preserve the ward’s autonomy and avoid full guardianship of the estate.
- Use official forms and guidance from the Hawaii State Judiciary: https://www.courts.state.hi.us/self-help/family/guardianship.
- If you expect to serve as both person and estate guardian, discuss bond, accounting, and conflict-of-interest issues with a Hawaii attorney who handles guardianship and probate matters.