Hawaii Guardianship Forms and Court Documents

Where to Find the Official Forms

Hawaii does not have a single statewide guardianship forms packet. Each judicial circuit maintains its own set, formatted differently and sometimes carrying unique identification codes. This is one of the first things that trips up families trying to file without an attorney — you need the right forms for the right court in the right circuit.

First Circuit (Oahu): The primary packet is the "Pro Se Packet: Guardianship — Incapacitated Person" available through the Hawaii State Judiciary website. This packet covers adult guardianship petitions filed in Family Court and includes the petition form, notice of hearing, proof of service, and instructions. For a guardianship-of-the-person-only petition, use the Family Court Document Receiving Section. A conservatorship-only or combined petition goes through the Circuit Court's Legal Documents Branch, which houses the Probate division. Most Oahu filings now use the Judiciary Electronic Filing System (JEFS).

Second Circuit (Maui County): Maui maintains circuit-specific forms with a "2F-P" prefix. The key guardianship petition form is 2F-P-513 (Petition for Appointment of a Guardian for an Incapacitated Person). The Maui Family Court Service Center at 2145 Main Street in Wailuku provides access to paper packets and filing-fee payment; clerks cannot give legal advice. Additional forms include 2F-P-515 (Waiver of Notice and Consent) and 2F-P-516 (Proof of Service on Respondent).

Third Circuit (Hawaii Island): Hawaii Island uses forms available through the Third Circuit Family Court page. The circuit has geographic divisions in Hilo and Kona, which can affect scheduling and filing locations.

Fifth Circuit (Kauai): Kauai follows the same statutory requirements but maintains its own filing counter at the Lihue courthouse.

The Essential Forms Checklist

Regardless of which circuit you file in, every adult guardianship petition requires the same core documents. Here is what you need:

1. Petition for Appointment of Guardian of an Incapacitated Person. This is the central filing. It identifies the proposed ward (your adult child), states the legal basis for incapacity, names the proposed guardian, and describes why guardianship is necessary. You must include specific facts about why less restrictive alternatives are insufficient.

2. Medical certification or physician's letter. A licensed physician, psychologist, or psychiatrist must provide a written statement documenting that the proposed ward lacks the capacity to make informed decisions. A brief note saying the person "has a disability" will be rejected — the letter must address the person's functional inability to understand the nature, extent, and consequences of decisions. More on this in our guide to guardianship medical evaluations.

3. Notice of Hearing. The court schedules a hearing date, and you must formally notify all interested parties. The notice must inform the proposed ward of their rights, including the right to attend, the right to an attorney, and the right to contest the petition.

4. Proof of Service (Form 2F-P-516 on Maui, equivalent elsewhere). You must document that the petition and notice were personally served on the proposed ward and mailed to all interested parties at least 14 days before the hearing.

5. Waiver of Notice and Consent (optional). Close family members can sign this form to waive their right to the 14-day notice period. This can help speed scheduling but is never required.

6. Probate and Guardianship Flag Sheet. Required under Hawaii Probate Rules (HPR Rule 103, Appendix A), this cover sheet must be filed at least 10 days before any probate court hearing. It provides a standardized summary for the judge.

Family Court vs Probate Court: Filing in the Right Place

One of the most common errors is filing in the wrong court branch. Hawaii splits jurisdiction:

• Guardianship of the person only → File in Family Court (FC-G case designation)
• Conservatorship only (financial management) → File in Circuit Court, Probate Branch
• Combined guardianship and conservatorship → File in Circuit Court under a "CG" case number

If you need both personal and financial authority, the combined petition in Probate Court is usually more efficient — a single combined filing and a unified action that can avoid proceeding in two distinct court divisions. Learn more about this distinction in our guardianship vs conservatorship breakdown.

Court clerks will verify formatting — correct top-margin punch holes, proper fasteners, accompanying filing fee — but they are prohibited from explaining the legal difference between options or helping draft language. If your petition is procedurally flawed, it gets rejected without correction.

Filing Fees and Fee Waivers

The standard guardianship filing fee in Hawaii Family Court is $215. A combined guardianship and conservatorship petition filed in Probate Court costs $320, plus a $25 indigent legal assistance surcharge. Check with the First Circuit whether any electronic filing or transaction surcharge applies when using JEFS on Oahu.

Families who cannot afford the filing fee can submit Form HC-Fees 1 (or Maui's Form 2F-P-331) to request an in forma pauperis fee waiver. Eligibility generally requires household income at or below 125% of the Federal Poverty Guidelines for Hawaii. See our guardianship costs guide for a full cost breakdown.

After Filing: What Comes Next

Once your petition and all supporting documents are accepted, the court assigns a hearing date — typically 8 to 12 weeks out on Oahu, potentially longer on neighbor islands. The court also appoints a Visitor or Guardian Ad Litem to conduct an independent investigation, interview the proposed ward, and submit a recommendation to the judge.

For the complete filing process from petition through hearing, including what to expect in the courtroom, see our step-by-step guide. The Hawaii Adult Guardianship & Alternatives Guide provides circuit-specific filing instructions, form-by-form walkthroughs, and templates for the supporting documents that the court packets do not explain how to complete.

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