Hawaii Guardianship Law and Statutes

Hawaii's Guardianship Framework Under HRS Chapter 560

Hawaii's adult guardianship law lives in Article V of Hawaii Revised Statutes Chapter 560, which adopted a modified version of the Uniform Probate Code. This is the statutory backbone that governs who can petition for guardianship, what the court must find before appointing a guardian, what powers a guardian receives, and what ongoing obligations they carry.

Understanding even the basic structure of this chapter helps families make informed decisions about whether guardianship is necessary or whether a less restrictive path makes more sense.

Key Statutory Provisions

HRS § 560:5-102 — Definitions. This section defines the core terms the court uses. An "incapacitated person" is someone who lacks the ability to receive and evaluate information or to make or communicate decisions — even with technological assistance — to the extent that they cannot meet essential requirements for their health, safety, or self-care. A "guardian" manages personal affairs. A "conservator" manages financial affairs. These are distinct legal roles with distinct court proceedings.

HRS § 560:5-106 — Subject Matter Jurisdiction. This is where Hawaii's dual-court structure comes from. The Family Court and Circuit Court share concurrent jurisdiction over adult guardianship of the person. Conservatorship (financial protection) falls exclusively under the Circuit Court's Probate Branch. Combined petitions requesting both guardianship and conservatorship can be filed directly in Circuit Court under a "CG" case number, which is often the more efficient route. See our guardianship vs conservatorship guide for the practical implications.

HRS § 560:5-304 — Judicial Appointment of Guardian. The court cannot appoint a guardian unless it finds by clear and convincing evidence that the respondent is incapacitated and that the appointment is necessary as a means of providing continuing care and supervision. Critically, the court must also find that the respondent's needs cannot be met by a less restrictive alternative — a supported decision-making agreement, a power of attorney, or other voluntary arrangement. This "least restrictive" mandate is not a suggestion; it is a statutory prerequisite.

HRS § 560:5-311 — Powers and Duties of Guardian. Once appointed, a guardian has the authority to make decisions about the ward's residence, medical care, education, and personal affairs — but only to the extent specified in the court order. A limited guardianship order can restrict the guardian's authority to specific domains while preserving the ward's rights in all other areas.

The 2025 Supported Decision-Making Act (Act 284)

Hawaii's guardianship landscape shifted significantly in 2025 when Governor Josh Green signed Act 284 (HB 320), codified as HRS Chapter 349F. This law created a formal statutory framework for supported decision-making agreements as a recognized legal alternative to guardianship.

Under Chapter 349F, a qualified adult with a disability, mental illness, or aging-related impairment can designate trusted supporters who help them understand, evaluate, and communicate decisions — without transferring any decision-making authority away from the individual. The law explicitly states that entering into an SDM agreement cannot be used as evidence of incapacity in a guardianship proceeding.

This legislation directly reinforces the "least restrictive" mandate in HRS § 560:5-304. Courts evaluating guardianship petitions now have a statutory framework to point families toward before authorizing the removal of rights through guardianship.

How Hawaii Probate Rules Shape the Process

Beyond the statutes themselves, the Hawaii Probate Rules (HPR) govern the mechanics of how guardianship cases move through the court system. Two rules matter most to families:

HPR Rule 100(b) establishes that combined guardianship and conservatorship petitions can proceed as unified actions in Circuit Court, avoiding duplicative proceedings in two different courts.

HPR Rule 103 requires a Probate and Guardianship Flag Sheet to be filed at least 10 days before a probate court hearing. This standardized cover sheet gives the judge a quick summary of the case and ensures the file is properly flagged for calendar management.

The rules also govern the appointment and duties of the court-appointed Visitor or Guardian Ad Litem, who conducts an independent investigation before the hearing and submits a recommendation to the judge.

Why the Statutory Framework Matters for Families

The statutes are not abstract legal theory. They directly affect what happens in the courtroom. A judge who follows HRS § 560:5-304 will ask the petitioner: what alternatives did you consider? Did you try a power of attorney? Did you explore supported decision-making? If the answer is "no" or "I didn't know about those," the petition may be delayed or denied until less restrictive options have been evaluated.

Families who walk into the filing process understanding these statutory requirements prepare stronger petitions and face fewer surprises. The Hawaii Adult Guardianship & Alternatives Guide translates these statutes into a step-by-step process map with decision worksheets that mirror the legal framework courts actually apply.

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