What is a durable guardianship?

A durable guardianship is a legal arrangement in which an adult is appointed to make decisions on behalf of a minor or incapacitated person. In Hawaii, a durable guardianship is established through a court process. During this process, the court will assign an attorney to represent the guardianship applicant, review financial and medical records of the incapacitated or minor person, and evaluate the best interests and welfare of the ward. Once the court makes a final determination to appoint a guardian, the guardian will be responsible for the care and management of the ward. This includes having the legal authority to make decisions related to the ward’s education, finances, and medical care. For example, a durable guardian would be able to make decisions related to enrolling a ward in school, managing a ward’s money, or scheduling medical appointments for a ward. The durable guardianship arrangement in Hawaii is set up so that it can be terminated in the future if/when the ward regains capacity or reaches the age of majority. Similarly, a guardian can resign or be removed by the court if they are no longer able to fulfill their duties. Overall, durable guardianship is a court-ordered legal arrangement in Hawaii that allows for an adult to be appointed to take care of a minor or incapacitated person’s affairs. It ensures that the ward’s best interests and welfare remain a priority and allows the arrangement to be terminated in the future.

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What is a durable guardianship?

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