How to File for Guardianship in Hawaii

Step 1: Determine Which Court to File In

Hawaii splits guardianship jurisdiction between two courts, and filing in the wrong one wastes weeks.

Family Court handles guardianship of the person — authority over medical, residential, and educational decisions. These cases receive an "FC-G" designation. Circuit Court's Probate Branch handles conservatorship (financial protection) and also accepts adult guardianship petitions under its concurrent jurisdiction.

If you need both personal and financial authority, file a single combined petition in Circuit Court under a "CG" case number. Hawaii Probate Rules (Rule 100) allow this combined filing, which saves thousands in separate attorney fees and double investigations.

Step 2: Get a Physician's Capacity Evaluation

Before you can file, you need a clinical evaluation documenting that the proposed ward lacks decisional capacity. This is not a note saying your child "has a disability" — that will be rejected by both the court and HIDOE.

The evaluation must come from a licensed Hawaii physician, psychologist, or psychiatrist. It must specifically document that the individual cannot understand the nature, extent, and probable consequences of decisions, and cannot make a rational evaluation of benefits and disadvantages of proposed options. Schedule this appointment at least two months before you plan to file.

Step 3: Prepare the Petition

The core document is the Petition for Appointment of a Guardian for an Incapacitated Person. On Oahu (First Circuit), use the ProSeIncap packet available from the Legal Documents Branch at Kaahumanu Hale or Kapolei Courthouse. Maui (Second Circuit) uses Form 2F-P-513. Hawaii Island and Kauai have their own circuit-specific versions.

The petition must include:

• The proposed ward's name, age, and address
• Your relationship to them
• A description of the incapacity and why guardianship is needed
• The specific powers you're requesting
• Why less-restrictive alternatives are insufficient
• Names and addresses of all interested persons (parents, adult siblings, current caregivers)

If you're filing pro se (without an attorney), the court self-help centers can verify your formatting but cannot give legal advice or help draft the petition language.

Step 4: File and Pay the Fee

File the petition at the correct court branch with the filing fee:

• Standalone guardianship (Family Court): $215
• Combined guardianship and conservatorship (Circuit Court): $320
• Indigent legal assistance surcharge: $25 additional

If your household income falls at or below 125% of the Federal Poverty Guidelines for Hawaii, you can request a fee waiver using Form HC-Fees 1 (First Circuit) or Form 2F-P-331 (Maui). The in forma pauperis motion must be filed alongside the petition.

On Oahu, filings go through the Judiciary Electronic Filing System (JEFS). Neighbor island courts may still accept paper filings at their local service centers.

Step 5: Serve Notice on All Parties

Under HRS § 560:5-113, you must serve formal notice of the hearing at least 14 days before the court date.

The proposed ward must receive personal service — someone physically hands them the petition and notice. This cannot be done by you; it must be a disinterested adult or a professional process server (typically $50–$200).

Other interested parties — parents, adult siblings, current caregivers — can receive notice by regular mail or personal delivery. File the Proof of Service on Respondent (Form 2F-P-516) with the court before or at the hearing.

Family members who don't want to attend can file a Waiver of Notice and Consent (Form 2F-P-515), which can speed scheduling.

Step 6: Cooperate with the Court Investigator

After filing, the court appoints a neutral Visitor or Guardian Ad Litem (GAL). This investigator will interview the proposed ward, visit their residence, interview you as the proposed guardian, explain the proceedings and rights at stake, and submit a formal written recommendation to the judge.

The GAL's report carries significant weight. Be prepared to explain your child's daily support needs, decision-making abilities, and why you're the appropriate person to serve as guardian. Have medical records, school records, and the physician's evaluation organized and accessible.

Step 7: Attend the Hearing

Hearing wait times vary by circuit — Oahu schedules within eight to twelve weeks, while Hawaii Island's Third Circuit may take five to six months. First Circuit Family Court uses Zoom for many non-evidentiary hearings, but some judges require in-person attendance for guardianship matters.

The proposed ward must be physically present unless the judge specifically excuses them for severe medical reasons. At the hearing, the judge reviews the petition, the physician's evaluation, and the GAL's recommendation. In uncontested cases, the hearing typically lasts 15–30 minutes.

After the Order: Letters of Guardianship

If the judge grants the petition, they sign an Order Appointing Guardian and issue Letters of Guardianship. The Letters are what you present to schools, doctors, banks, and agencies as proof of your authority. Getting certified copies docketed can take an additional one to two weeks.

If a conservatorship was included, you may need to post a fiduciary bond, file an initial inventory of the ward's assets within 90 days, and submit annual financial accountings to the court.

Our Hawaii Adult Guardianship & Alternatives Guide includes circuit-by-circuit filing instructions, a forms checklist, and preparation templates for every step of this process.

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