How do you set up a guardianship?

Setting up a guardianship in Hawaii involves a few steps. First, the individual or organization seeking guardianship, known as the petitioner, must petition the court by filing the appropriate paperwork. This paperwork, which includes a petition for guardianship, must be filed in the circuit court in the county where the ward (the person the guardianship is being set up for) resides. The petition must be signed by an attorney or other authorized representative. Once the paperwork is filed, the court will set a hearing date. During the hearing, the petitioner must present evidence to the court that the ward is in need of a guardian and is unable to manage their own affairs. Prior to the hearing, the petitioner must provide at least 14 days’ notice to the ward and any next of kin. The court may also require the petitioner to provide additional evidence such as medical records, financial records, or social service reports. If the court finds that a guardianship is indeed necessary, then the court will appoint a guardian. The court may appoint a family member or friend of the ward as a guardian, or they may appoint a professional guardian. The court will also determine what powers and duties the guardian will have over the ward. Once a guardian is appointed, the guardian must fulfill the duties of the guardianship according to the court’s orders. The guardian will act as the ward’s representative in legal, financial, and medical matters. The ward’s best interests must always come first, and the guardian must provide care and support for the ward. The guardianship may be terminated by the court if it is no longer in the best interests of the ward, or it may be terminated if the ward regains the capability to manage their own affairs.

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