Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Appointment of a Guardian or Guardian ad Litem under Hawaii Law
Detailed Answer
Under Hawaii law, the Family Court of the circuit court has exclusive jurisdiction to appoint a guardian or guardian ad litem for a minor’s estate. A guardian of the estate manages the minor’s property and financial interests, while a guardian ad litem represents the minor’s interests in specific legal proceedings.
Applicable statutes: HRS §560-2 (Appointment of guardian of the estate) • HRS §560-3 (Duties of guardian of the estate) • HRS §560-3.3 (Appointment of guardian ad litem)
- Petition: Any interested person—such as a parent, guardian, or heir—files a petition in the Family Court where the minor resides. The petition must describe the minor’s property, estimated value, and the need for a guardian.
- Notice: The petitioner must notify the minor (if over 14), the minor’s parents or custodians, and other interested parties as required by HRS §560-2.
- Court Investigation: The court may appoint an investigator or guardian ad litem to interview the minor and interested parties and report on the minor’s best interests.
- Hearing: At the hearing, the court reviews the petition, any investigative report, and objections before deciding on appointment.
- Appointment and Bond: If approved, the court issues letters of guardianship. The guardian must file a bond and take an oath before assuming duties.
- Fiduciary Duties: The guardian must file annual accountings, invest funds prudently, and act in the minor’s best interests. The court supervises all transactions.
Helpful Hints
- Confirm the minor’s county of residence before filing to ensure venue is correct.
- Download and complete judicial council forms from the Hawaii State Judiciary website.
- Gather all documentation of the minor’s assets—bank statements, investment account statements, and estate notices.
- Consult with a probate facilitator or local attorney for estates with complex assets.
- Maintain clear records and file annual guardianship reports on time to avoid court sanctions.