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Hawaii Guardianship Planning
Support GuideHawaii24 min read

Hawaii Guardianship Planning

Hawaii guardianship splits: family court for minors, circuit court for incapacitated adults.

By Settled Editorial

Hawaii guardianship splits between two courts, and the statute draws the line. Under HRS § 560:5-106, the family court alone hears guardianship of a minor, the family court and the circuit court share guardianship of an incapacitated adult, and the circuit court alone hears conservatorship, which covers money and property, for adults and minors.

Every rule below was read on September 24, 2026 in the Hawaii Revised Statutes the Legislature publishes, along with the text of each 2026 Act that touches these sections. The compilation runs through the 2025 session, so one 2026 change does not appear in it yet: 2026 Act 47, which rewrote how capacity records are sealed. It gets its own section below.

This page is a planning map rather than a filing kit. It gives general information about Hawaii law, and a guardianship moves decisions away from a person, so how any of it applies to a particular person is a question for a licensed Hawaii attorney, who can review a petition, nomination or plan before anyone relies on it. The guardianship process page covers the court steps.

Guardian, Conservator, Kokua Kanawai: The Hawaii Vocabulary

Hawaii adopted the Uniform Guardianship and Protective Proceedings Act as article V of its Uniform Probate Code, chapter 560. HRS § 560:5-102 defines the words you will see on every filing:

  • A guardian is a person who qualified as guardian of a minor or an incapacitated person by appointment from a parent, a spouse, a reciprocal beneficiary or the court. The term covers limited, emergency and temporary substitute guardians.
  • A ward is the person a guardian was appointed for.
  • A conservator is a person the court appoints to manage the estate of a protected person, meaning a minor or other individual for whom a conservator was appointed or another protective order was made.
  • An incapacitated person is someone who, for reasons other than being a minor, cannot receive and evaluate information or make or communicate decisions to the point of lacking the ability to meet the requirements for physical health, safety or self-care, even with appropriate and reasonably available technological assistance.
  • A kokua kanawai is an individual the court appoints with the role and authority set by rule 113 of the Hawaii Probate Rules. In practical terms, this is the court's investigator.

The reciprocal beneficiary appears throughout Hawaii's version of the act. Wherever the statute gives a spouse a power, such as naming a guardian by will, it gives the same power to a reciprocal beneficiary.

Which Court Hears Which Case

HRS § 560:1-302(c) sets the general split: the circuit court hears protective proceedings and the family court hears guardianship. Section 560:5-106 refines it, and that section controls.

CaseCourtProcedure rulesPart I filing fee
Guardianship of a minorFamily court, exclusiveHawaii Family Court Rules$100, § 607-5(b)(13a)
Guardianship of an incapacitated adultFamily court or circuit court, concurrentFamily Court Rules or Hawaii Probate Rules, depending on the court$100, § 607-5(b)(13a)
Conservatorship or other protective order, adult or minorCircuit court, exclusiveHawaii Probate Rules$100 per matter, § 607-5(b)(10)

Section 560:5-106(2) adds that the family court keeps a minor's guardianship even when the case rests on the minor's incapacity rather than age. Section 560:5-109(a) assigns the rules: a family court case follows the Hawaii family court rules and a circuit court case follows the Hawaii probate rules, including the rules on appeal. When guardianship and protective proceedings for the same person are pending, § 560:5-106(3) and § 560:5-109(b) let the court consolidate them.

Here is why the split matters for planning. A family with an adult child who needs both personal and financial help may face two proceedings, and the documents that avoid one of them do not always avoid the other.

What a Hawaii Judge Must Find

For an adult guardianship, HRS § 560:5-311(a)(1) lets the court appoint a limited or unlimited guardian only if it finds by clear and convincing evidence that the respondent is an incapacitated person and that the respondent's identified needs cannot be met by less restrictive means, including appropriate technological assistance. The second finding is where planning documents do their work.

Section 560:5-311(b) then tells the court to grant only the powers the ward's limitations and demonstrated needs call for, and to favor orders that build the ward's self-reliance. The petition has to meet that standard up front: § 560:5-304(b)(9) requires a petitioner who asks for an unlimited guardianship to explain why a limited one is inappropriate.

A conservatorship runs a two-part test at § 560:5-401(2). The court must find by clear and convincing evidence that the person cannot manage property and business affairs effectively because of an impairment, or because the person is missing, detained or unable to return to the United States. It must also find by a preponderance of the evidence that property will be wasted or dissipated without management, or that money is needed for the support of the person or the person's dependents. Section 560:5-409(b) directs the least restrictive order consistent with those findings, and § 560:5-409(d) says a conservatorship is not a determination of incapacity under the guardianship part.

Before the hearing, the court may appoint a kokua kanawai under § 560:5-305. That person interviews the respondent in person, explains the petition and the respondent's rights, visits the current home and any proposed new one, talks with the treating physicians, and files a written report on what the respondent can manage alone, whether less restrictive options exist, and whether the proposed guardian fits. The court must appoint a lawyer for the respondent if the respondent asks, if the kokua kanawai recommends it, or if the court decides one is needed. Section 560:5-306 requires a professional evaluation by a physician, psychologist or other qualified examiner whenever the respondent demands one.

Three more protections stand out. Section 560:5-309(a) requires personal service of the petition and notice on the respondent, and a failure to serve a notice that meets those content rules bars the court from granting the petition. Section 560:5-308(a) lets the respondent present evidence, subpoena witnesses and cross-examine the evaluator and the kokua kanawai. And § 560:5-305(c)(4) warns the respondent that the costs of the case, including the respondent's own attorney's fees, come out of the respondent's estate.

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Naming Your Own Guardian Before You Need One

A signed nomination carries statutory weight, and Hawaii allows it inside a document many adults already hold.

HRS § 551E-4(a) lets a principal nominate a conservator or guardian in a power of attorney, for the court to consider if protective proceedings begin later. The court shall appoint according to the principal's most recent nomination, except for good cause shown or disqualification. Section 560:5-310(a) then builds the priority ladder for guardian:

  1. A guardian, other than a temporary or emergency one, already acting for the respondent in Hawaii or elsewhere
  2. A person the respondent nominated, including the most recent nomination in a durable power of attorney, if the respondent had enough capacity to express a preference at the time
  3. An agent under a medical directive or health care power of attorney, or if none, a designated surrogate under § 327E-5(f)
  4. The spouse or reciprocal beneficiary, or a person nominated by will or signed writing of a deceased spouse or reciprocal beneficiary
  5. An adult child
  6. A parent, or a person nominated by will or signed writing of a parent
  7. An adult the respondent lived with for more than six months before the petition

Priority is a starting point. Under § 560:5-310(b) the court may pass over a person with priority when the respondent's best interest calls for it. Section 560:5-310(c) bars an owner, operator or employee of a long-term care setting where the respondent receives care from serving as guardian unless related to the respondent by blood, marriage or adoption, or unless the court orders otherwise. Section 560:5-413 runs a parallel ladder for conservator, where an agent under a durable power of attorney for property ranks third, and lets a spouse, adult child or parent hand their priority to a substitute in writing.

Hawaii also lets family members appoint a guardian directly. Under § 560:5-302, a parent may appoint a guardian for an unmarried child the parent believes is incapacitated, and a spouse or reciprocal beneficiary may do the same for the other, by will or other signed writing. Section 560:5-303 makes the appointment effective on the appointing person's death, adjudication of incapacity, or a physician's written determination that the appointing person can no longer provide care. The guardian must file an acceptance within thirty days and, unless the court already confirmed the choice, petition for confirmation within thirty days after that. A written objection from the incapacitated person or a close relative ends the appointment, although the court may still appoint the same person after a hearing.

Planning for Your Children

A parent may appoint a guardian for a minor child by will or other signed writing under HRS § 560:5-202(a), and may specify limits on the guardian's powers. The appointment 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. The guardian files an acceptance within thirty days, gives written notice to the minor if fourteen or older and to the person caring for the child, and then petitions the family court for confirmation within thirty more days. A parent who expects to become unable to care for the child within two years may ask the court to confirm the choice in advance under § 560:5-202(b).

When nobody holds a parental appointment, § 560:5-204(b) lets the family court appoint a guardian if the appointment serves the child's best interest and the parents consent, parental rights were terminated, or the parents are unwilling or unable to exercise their rights. Under § 560:5-206(a) the court shall appoint a person a minor fourteen or older nominates, unless that choice would be contrary to the child's best interest.

For a shorter gap, § 560:5-105 lets a parent delegate powers over a child's care, custody or property by power of attorney for up to one year, with the time limit stated in the document. The delegation cannot include consent to marriage or adoption.

The Alternatives a Hawaii Court Looks For First

The less restrictive means finding in § 560:5-311(a)(1)(B) is a comparison, and signed planning documents are among the alternatives that comparison can weigh.

  • A durable power of attorney for finances under chapter 551E. Under § 551E-4(b), if a court later appoints a fiduciary to manage your property, your agent answers to that fiduciary as well as to you, and your document stays in force unless the court limits or ends it. Signing rules are in the guide to a power of attorney instead of a court case.
  • An advance health care directive under chapter 327E. This is where Hawaii differs from many states. Section 327E-6(b) says that, absent a court order to the contrary, a health care decision of a guardian appointed under chapter 560 takes precedence over that of your agent. Section 327E-6(a) still requires the guardian to follow your individual instructions and bars the guardian from revoking your directive without express court authority. So written instructions carry weight that a bare agent designation does not. The details are in the Hawaii advance directive guide.
  • An advance mental health care directive under chapter 327G, which runs the other way. Section 327G-9(b) says a mental health care decision of your agent takes precedence over a guardian's, absent a court order to the contrary. So for mental health care decisions, the statute generally keeps the agent's decision ahead of a guardian's unless a court orders otherwise.
  • The Office of the Public Guardian under chapter 551A. Section 551A-2(a) lets the family court or circuit court appoint the public guardian for an incapacitated person who has no relative or friend willing and able to serve. The public guardian cannot petition for its own appointment, and § 551A-3 bars the appointment when another suitable guardian is available and willing, unless the ward's best interest is better served. Section 551A-2(e) also lets the office offer guidance without any appointment, aimed at avoiding the need for one.
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Emergency and Temporary Appointments

Adults. HRS § 560:5-312(a) lets the court appoint an emergency guardian when following the normal procedure would likely cause "substantial harm" to the respondent's health, safety or welfare and nobody else appears to have authority and willingness to act. The emergency guardian's authority may not exceed ninety days, and it covers only the powers in the order. The court may appoint without notice only on a finding, from affidavit or testimony, that the respondent will suffer that kind of harm before a hearing can be held. In that case the respondent gets notice within forty-eight hours and a hearing on the appointment within ten days, unless the court extends it. Section 560:5-312(c) adds that an emergency appointment is not a determination of incapacity.

Minors. Section 560:5-204(e) caps an emergency guardianship of a minor at thirty days. If the court appoints without notice, notice follows within forty-eight hours and a hearing within five days. Section 560:5-204(d) separately allows a temporary guardian for a minor on a showing of immediate need, with the authority of an unlimited guardian unless the court limits it, for no longer than twelve months.

Property. While a conservatorship petition is pending, § 560:5-406(g) lets the court, after a preliminary hearing and without notice to others, issue orders to preserve and apply the respondent's property for the respondent's support or for people who depend on the respondent, and appoint a special conservator to help.

What 2026 Act 47 Changed About Sealed Records

Act 47 of 2026 (House Bill 2093, Senate Draft 1) was signed May 27, 2026 and took effect on approval. It amended HRS § 560:1-311, § 560:5-307 and § 560:5-407. Guidance written before that date describes the old rule.

Before the Act, § 560:1-311 applied to proceedings in the circuit court and sealed a kokua kanawai report, a court-ordered professional evaluation, and responses and objections to either upon filing. Access under §§ 560:5-307 and 560:5-407 ran to the court, the respondent, the petitioner, the kokua kanawai, the nominated guardian or conservator, and the lawyers.

After the Act, three things changed:

  • Scope. Section 560:1-311 now applies to any proceeding under chapter 560, which reaches family court guardianship cases too.
  • Two tiers. Birth, marriage and death certificates and tax returns are still sealed upon filing and stay sealed unless the court orders otherwise. A kokua kanawai report, a professional evaluation, responses and objections to them, and physician letters or medical records about a person's capacity are now temporarily filed under seal until a court hearing decides whether they stay sealed or are unsealed.
  • Who sees them. For purposes of the proceeding, access widened from the petitioner to all parties named in the petition, so the relatives listed on a guardianship or conservatorship petition may now read the capacity records.

The Legislature's findings explain the change: court records are presumptively open, and the Act sets a hearing to decide whether a compelling interest justifies closing these records rather than sealing them automatically. The practical effect is that capacity evidence filed in a Hawaii case may not stay private.

Costs and the Clerk as Conservator

HRS § 607-5(b)(13a) charges $100 for a guardianship, including matters of the kinds listed in items (4) to (9), whether in family or circuit court. Item (10) charges $100 for each conservatorship proceeding for appointment, appointment of a successor, resignation or instructions. Section 607-5(a) says a probate, trust, guardianship or conservatorship case also carries the part II fees unless the law provides otherwise, so the counter total is higher than the part I figure. Ask the circuit's Estate and Guardianship branch for the current total before filing.

For a small estate, § 551-21 offers a cheaper route. The court may appoint the clerk of the circuit court as conservator when the protected person's estate is worth less than $10,000. The clerk gives no bond, takes no commission beyond expenses actually incurred, and no court costs arise except any advertising the case needs. If the estate grows to $16,250, a regular conservator shall be appointed, unless the court in its discretion lets the clerk continue.

A regular conservator may have to post a bond. Section 560:5-415 lets the court require one, charged to the protected person's estate and generally equal to the capital value of the property in the conservator's control plus one year's estimated income. Section 560:5-417 entitles a guardian, conservator, lawyer or other court appointee to reasonable compensation from the estate, and requires repayment of any amount the court finds excessive.

After Appointment: Reports, Inventory, and the Way Out

Guardian reports. HRS § 560:5-311(c) requires a new guardian to send the order of appointment, with a notice of the right to seek termination or modification, to the ward and everyone who received notice of the hearing within fourteen days. Section 560:5-317(a) requires a written report on the ward's condition within thirty days after appointment and at least annually after that, covering living arrangements, services, visits, plans for future care and whether the guardianship should continue.

Guardian duties. Section 560:5-314 makes the guardian stay personally acquainted with the ward, encourage the ward to take part in decisions, consider the ward's expressed desires and values, and immediately tell the court if the ward can again exercise rights that were removed. If a conservator exists, the guardian pays excess money to the conservator at least quarterly.

Conservator accounts. Section 560:5-419 requires a detailed inventory within sixty days after appointment, and § 560:5-420 requires a petition to approve accounts annually unless the court directs otherwise, plus a final report at resignation, removal or termination.

A firearms record. Section 560:5-311(d) requires the court to forward every order appointing a guardian of an incapacitated person to the Hawaii criminal justice data center, which forwards the information to the FBI's National Instant Criminal Background Check System.

Getting out. Under § 560:5-318, a guardianship ends on the ward's death or by court order. The ward, the guardian or any interested person may petition to end or change it. Once the petitioner makes a prima facie case for termination, the court shall order it unless someone proves by clear and convincing evidence that continuing the guardianship serves the ward's best interest. The burden sits on the side that wants the guardianship to continue.

Where This Fits in a Hawaii Plan

Guardianship is the court's answer when no signed document covers the need. The planning documents the Hawaii statutes above provide for include a durable power of attorney that can nominate a guardian, a health care directive with written instructions, a mental health care directive, and a will that can name a guardian for minor children. That set is laid out in the other planning documents guide, and the will formalities are in Hawaii will requirements. When someone dies while a guardianship or conservatorship is open, the estate becomes a separate case described in the Hawaii probate guide. Whether a petition is warranted for a particular family is a question for a licensed Hawaii attorney rather than for this page.

Frequently Asked Questions

Which Hawaii court handles guardianship?

It depends on who needs protection and what kind of protection. HRS § 560:5-106 gives the family court exclusive jurisdiction over guardianship of a minor, gives the family court and the circuit court concurrent jurisdiction over guardianship of an incapacitated adult, and gives the circuit court exclusive jurisdiction over conservatorship, the money and property side, for adults and minors alike. When a guardianship and a conservatorship involve the same person, § 560:5-106(3) and § 560:5-109(b) let the proceedings be consolidated.

What is the difference between a guardian and a conservator in Hawaii?

A Hawaii guardian decides personal matters. Under HRS § 560:5-314(a) a guardian makes decisions about the ward's support, care, education, health and welfare. A conservator manages the estate of a protected person under § 560:5-102, and § 560:5-418(a) holds a conservator to the standard of care that applies to a trustee. A guardianship case runs in family court or circuit court; a conservatorship case runs only in circuit court.

Can I name my own guardian in Hawaii before I need one?

Yes. HRS § 551E-4(a) lets you nominate a conservator or guardian in a power of attorney, and the court shall appoint your most recent nominee except for good cause shown or disqualification. HRS § 560:5-310(a)(2) ranks a person you nominated, including your most recent nomination in a durable power of attorney, second in line for guardian, behind only a guardian already acting for you. A spouse or reciprocal beneficiary sits fourth.

Does Hawaii have an emergency guardianship?

Yes. For an adult, HRS § 560:5-312 lets the court appoint an emergency guardian whose authority may not exceed ninety days, and only with the powers written in the order. If the court appoints one without notice, the respondent gets notice within forty-eight hours and a hearing within ten days unless the court extends it. For a minor, § 560:5-204(e) caps an emergency guardianship at thirty days, and § 560:5-204(d) allows a temporary guardian for up to twelve months.

What does it cost to file a guardianship in Hawaii?

HRS § 607-5(b)(13a) sets the part I fee for a guardianship at $100, whether the case is in family court or circuit court. Item (10) charges $100 for each conservatorship proceeding, such as an appointment, a successor appointment, a resignation or a petition for instructions. Section 607-5(a) adds the part II fees to a guardianship or conservatorship case unless the law provides otherwise, so ask the court's Estate and Guardianship branch for the total before you file.

What did 2026 Act 47 change for Hawaii guardianship cases?

Act 47, signed May 27, 2026 and effective on approval, rewrote HRS § 560:1-311 and §§ 560:5-307 and 560:5-407. A kokua kanawai report, a court-ordered professional evaluation, responses and objections to either, and physician letters or medical records about a person's capacity are now temporarily filed under seal until a court hearing decides whether they stay sealed. Access for the proceeding widened from the petitioner to every party named in the petition.

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Information current as of September 24, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Hawaii can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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