Hawaii Revised Statutes, Chapter 551 — GUARDIANS AND WARDS General Provisions

Division 3. Property; Family — Title 30. 30a

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 3 Property; Family

Title 30 30a

Chapter 551 GUARDIANS AND WARDS General Provisions

§551-1 Jurisdiction

Family courts shall have exclusive jurisdiction to appoint guardians for minors, and circuit courts shall have exclusive jurisdiction to appoint conservators for both adults and minors. The family and circuit courts shall have concurrent jurisdiction over guardianships for incapacitated adults. Either a guardian or conservator, or both, may be appointed.

[CC 1859, §1343; am L 1903, c 16, §1; RL 1925, §3064; am L 1925, c 42, §1; RL 1935, §4850; RL 1945, §12500; RL 1955, §338-1; HRS §551-1; am L 1972, c 145, §1(e); am L 1976, c 200, pt of §1; am L 2004, c 161, §16]

§551-2 Guardian ad litem; next friend; appointment

Nothing in this chapter impairs or affects the power of any court to appoint a guardian to defend the interests of any minor or person not in being impleaded in such court, or interested in any matter there pending, or its power to appoint or allow any person as next friend for a minor, to commence, prosecute, or defend any action or proceeding in the minor's behalf; provided that in all proceedings for annulment, divorce, or separation, except in the case of annulment on the ground of nonage, either spouse, although a minor, may sue or be sued in the minor's name without a guardian or next friend.

[CC 1859, §1349; am L 1903, c 16, §2; RL 1925, §3070; RL 1935, §4857; RL 1945, §12507; am L 1947, c 78, §1; RL 1955, §338-8; HRS §551-2; am L 1972, c 145, §1(f); gen ch 1985]

§551-11 to 551-13 REPEALED

L 1976, c 200, pt of §1.

§551-16 551-17 REPEALED

L 1976, c 200, pt of §1.

§551-21 Small estates; clerk of the court to act when

Whenever so requested as provided in section 560:5-403, the court may appoint the clerk of the court of that circuit as conservator of the protected person whose estate is of a value of less than $10,000 who shall serve in such capacity, with the full powers of and under like obligations as other conservators appointed under this chapter and chapter 560, except that the clerk shall not be required to give any bond; nor shall the clerk be entitled to any commission or compensation except for expenses necessarily and actually incurred, nor shall the clerk or the protected person or the estate of the protected person be liable for any court costs arising out of the guardianship, except the actual cost of any advertising found necessary. The right of the clerk to act as the conservator shall not be affected by reason of any increase of the estate to an amount in excess of $10,000 as the result of any accumulations of income accruing from the original principal of the estate or by the increase in value of the principal; provided that if the estate reaches in value the sum of $16,250, a conservator shall then be appointed under the preceding sections of this chapter or the court, in its discretion, may allow the conservator appointed under this section to continue to act even though the total assets exceed $16,250.

[L 1927, c 168, §1; RL 1935, §4854; am L 1939, c 119, §1; am L 1943, c 193, §2; RL 1945, §12504; am L 1947, c 96, §1; RL 1955, §338-5; am L 1965, c 6, §1; HRS §551-21; am L 1976, c 200, pt of §1; gen ch 1985; am L 1987, c 327, §1; am L 1998, c 44, §2; am L 2004, c 161, §17]

§551-22 Estates less than $100

When the whole estate of a person over the age of eighteen for whom a conservator could be appointed does not exceed the value of $100, the court, in its discretion, without the appointment of a conservator or the giving of bond, may authorize the deposit thereof in a depository authorized to receive fiduciary funds in the name of a suitable person designated by the court, or if the assets do not consist of money, authorize the delivery thereof to a suitable person designated by the court. The person receiving such money or other assets shall hold and dispose of the same in such manner as the court shall direct.

[L 1965, c 6, §2; Supp, §338-5.5; HRS §551-22; am L 1976, c 200, pt of §1; am L 1977, c 144, §55; am L 2004, c 161, §18]

§551-26 to 551-34 REPEALED

L 1976, c 200, pt of §1.

§551-35 Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings

The father and mother of an incapacitated or protected person are jointly and severally the person's natural guardians and conservators. They shall have equal powers and duties with respect to the person and neither shall have any right superior to that of the other concerning the person's custody or control or any other matter affecting the person; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian or conservator, or both, the guardianship or conservatorship, or both, devolves or devolve upon the other parent, and that when the parents live apart, the court may award the guardianship or conservatorship to either of them, having special regard to the interests of the incompetent adult person.

[L 1957, c 173, §1; am L Sp 1959 2d, c 1, §20; Supp, §338-9.5; HRS §551-35; am L 1976, c 200, pt of §1; am L 2004, c 161, §19]

§551-41 to 551-43 REPEALED

L 1976, c 200, pt of §1.

§551-46 to 551-48 REPEALED

L 1976, c 200, pt of §1.

§551-51 to 551-64 REPEALED

L 1976, c 200, pt of §1.

§551-71 to 551-91 REPEALED

L 1976, c 200, pt of §1.