Guardianship in Hawaii
State-specific overview · Estate & Probate
Hawaii requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
How Hawaii treats Guardianship
Hawaii courts apply a high evidentiary standard—clear and convincing proof—rather than the lower preponderance standard used in many states. The court must find that the person lacks capacity to make decisions about personal care, property, or both. Hawaii also emphasizes less restrictive alternatives and prefers limited guardianships when possible. The guardian must file annual accountings and reports with the court.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.