Hawaii Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Hawaii court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on HRS Chapter 560, Article V (Uniform Probate Code), HRS 560:5-101 to 560:5-612; court jurisdiction at HRS 560:5-106 and HRS 551-1

By Settled Estate EditorialPublished: June 28, 2026Updated: September 24, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Hawaii guardianship is governed by HRS Chapter 560, Article V (Uniform Probate Code), HRS 560:5-101 to 560:5-612; court jurisdiction at HRS 560:5-106 and HRS 551-1.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Conservator (protection of property)

A conservator manages the estate of a protected person (560:5-102). For an adult, the court must find by clear and convincing evidence that the individual cannot manage property and business affairs effectively because of an impairment (or is missing, detained, or unable to return to the United States), and by a preponderance of the evidence that property will be wasted or dissipated or money is needed for support (560:5-401(2)).

HRS 560:5-401; HRS 560:5-106

Guardian of an incapacitated adult

Guardianship of an incapacitated adult: an individual 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 (560:5-102).

HRS 560:5-106; HRS 560:5-102

Guardian of a minor

Guardianship of a minor. A person becomes a guardian of a minor by parental appointment or by court appointment (560:5-201).

HRS 560:5-106; HRS 560:5-204

More guardianship types1 additional arrangement courts use in specific situations, with statute cites

Small conservatorship (clerk of the court as conservator)

On a request under 560:5-403, the court may appoint the clerk of the court of that circuit as conservator of a protected person whose estate is worth less than $10,000. The clerk serves with full conservator powers, gives no bond, and takes no commission or compensation beyond actual expenses; the protected person owes no court costs except necessary advertising (551-21).

HRS 551-21

The Hawaii guardianship court process

1Choose the right courtHawaii splits guardianship between two courts.

Hawaii splits guardianship between two courts. The family court has exclusive jurisdiction over guardianship of minors. For an incapacitated adult, the family court and the circuit court have concurrent jurisdiction. A conservatorship, and every other protective proceeding for an adult or a minor, belongs exclusively to the circuit court. Proceedings for the same person may be consolidated. A family-court guardianship runs under the Hawaii Family Court Rules and a circuit-court case under the Hawaii Probate Rules.

2File a petition for a determination of incapacityThe individual, or a person interested in the individual's welfare, petitions for a determination of incapacity and the appointment of a limited or unlimited guardian.

The individual, or a person interested in the individual's welfare, petitions for a determination of incapacity and the appointment of a limited or unlimited guardian. The petition must list, among others, the respondent's spouse or reciprocal beneficiary, adult children or parents and siblings, any agent under a health care directive, and the proposed guardian.

3The court sets a hearing and may appoint a kokua kanawai and a lawyerThe court sets a hearing and MAY appoint a kokua kanawai, who interviews the respondent, the petitioner and the proposed guardian, visits the respondent's dwelling and files a report.

The court sets a hearing and MAY appoint a kokua kanawai, who interviews the respondent, the petitioner and the proposed guardian, visits the respondent's dwelling and files a report. The court MUST appoint a lawyer for the respondent if the respondent asks for one, the kokua kanawai recommends one, or the court finds the respondent needs representation.

4Serve the respondent personallyThe petition and the notice of hearing must be served personally on the respondent, who must attend the hearing unless excused.

The petition and the notice of hearing must be served personally on the respondent, who must attend the hearing unless excused. Failing to serve the respondent bars the petition.

5The order, on clear and convincing evidenceThe court may appoint a guardian only on clear and convincing evidence that the respondent is incapacitated and that the respondent's needs cannot be met by less restrictive means, including appropriate technological assistance.

The court may appoint a guardian only on clear and convincing evidence that the respondent is incapacitated and that the respondent's needs cannot be met by less restrictive means, including appropriate technological assistance.

6Send copies of the order within fourteen daysWithin fourteen days after the appointment, the guardian must send the ward and everyone who was given notice of the hearing a copy of the order, together with notice of the right to seek termination or modification of the guardianship.

Within fourteen days after the appointment, the guardian must send the ward and everyone who was given notice of the hearing a copy of the order, together with notice of the right to seek termination or modification of the guardianship.

Emergency guardianship and planning ahead

Emergency guardianship: On petition by a person interested in the respondent's welfare, the court may appoint an emergency guardian for an adult if following the ordinary procedure will likely result in substantial harm to the respondent's health, safety, or welfare and no other person appears to have authority and willingness to act (560:5-312(a)). Up to ninety days (560:5-312(a)). Authority: HRS 560:5-312.

Naming a guardian in advance: A parent may appoint a guardian by will or other signed writing for any minor child the parent has or may have in the future, may specify limits on the guardian's powers, and may revoke or amend the appointment before court confirmation (560:5-202(a)).

Guardianship costs

Source: hi_607_5
Guardianship filing fee: $100 under HRS § 607-5(b)(13a), which covers a guardianship, including all matters of the nature listed in items (4) to (9), whether the case is in family court or circuit court. The schedule adds the part II fees to a guardianship case unless otherwise provided, so the amount collected at filing is higher than $100; confirm the total with the court.
Conservatorship filing fee: $100 for each conservatorship proceeding for appointment, appointment of a successor, resignation, or instructions under HRS § 607-5(b)(10), with part II fees added unless otherwise provided. Hawaii charges per matter here rather than once per case.
Fee statute: HRS § 607-5 (Costs; circuit courts). The fee schedule was read at the Hawaii Legislature's compilation on 2026-09-24; no Hawaii guardianship attorney, kokua kanawai or evaluator fee is set by statute, so none is stated here.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Hawaii?

Guardianship in Hawaii is a court process under HRS Chapter 560, Article V (Uniform Probate Code), HRS 560:5-101 to 560:5-612; court jurisdiction at HRS 560:5-106 and HRS 551-1 in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

Do I need a lawyer to file for guardianship in Hawaii?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Hawaii courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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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.