Standby Guardianship - Hawaii

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Who Can Nominate a Standby Guardian

Citation: Rev. Stat. § 560:5-202

A parent may appoint a guardian for any minor child.

How to Establish a Standby Guardian

Citation: Rev. Stat. § 560:5-202

A parent may appoint a guardian in a will or another signed writing. Before the appointment becomes effective, the court may confirm the parent's selection of a guardian and terminate the rights of others to object upon:

  • Petition of an appointing parent
  • A finding that the appointing parent will likely become unable to care for the child within 2 years
  • Notice, as provided in § 560:5-205(a), has been given

How Standby Authority is Activated

Citation: Rev. Stat. § 560:5-202

The appointment of a guardian becomes effective upon one of the following:

  • The appointing parent's death
  • An adjudication that the parent is an incapacitated person
  • A written determination by a physician who has examined the parent that states that the parent is no longer able to care for the child

The guardian becomes eligible to act upon the filing of an acceptance of appointment. This acceptance must be filed within 30 days after the guardian's appointment becomes effective. The guardian shall:

  • File the acceptance of appointment and a copy of the will with the court or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the court
  • Give written notice of the acceptance of appointment to the appointing parent, if living; the minor, if the minor has attained 14 years of age; and a person other than the parent having care and custody of the minor

Involvement of the Noncustodial Parent

Citation: Rev. Stat. § 560:5-203

Until the court has confirmed an appointee under § 560:5-202, a minor who is the subject of an appointment by a parent and who is age 14 or older, the child's other parent, or a person other than a parent or guardian having care or custody of the minor, may prevent or terminate the appointment at any time by filing a written objection in the court in which the appointing instrument is filed and giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment.

Authority Relationship of the Parent and the Standby

Citation: Rev. Stat. § 560:5-202

The appointment may specify the desired limitations on the powers to be given to the guardian. The appointment of a guardian by a parent does not supersede the parental rights of either parent.

Withdrawing Guardianship

Citation: Rev. Stat. § 560:5-202

The appointing parent may revoke or amend the appointment before confirmation by the court.

The authority of a guardian appointed under this section terminates upon the appointment of a guardian by the court or the giving of written notice to the guardian of the filing of an objection pursuant to § 560:5-203, whichever occurs first.