Chapter 560 — Chapter 560

§560:5-418 General duties of conservator. (a) A conservator, in relation to powers conferred by this article or implicit in the title acquired by virtue of the proceeding, shall be a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may …

§560:5-419 Inventory; records. (a) Within sixty days after entry of the order of appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory …

§560:5-420 Reports; appointment of kokua kanawai. (a) A conservator shall file a petition for approval of accounts and report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservato…

§560:5-421 Title by appointment. (a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired, including title to any p…

§560:5-422 Protected person's interest inalienable. (a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment b…

§560:5-423 Sale, encumbrance, or other transaction involving conflict of interest. Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expr…

§560:5-424 Protection of person dealing with conservator. (a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 560:5-410 or 560:5-411 is protected as though the conservator properl…

§560:5-425 Powers of conservator in administration. (a) Except as otherwise qualified or limited by the court in its order of appointment and endorsed on the letters, a conservator has all of the powers granted in this section and any additional powers granted by law to a trustee…

§560:5-426 Delegation. (a) A conservator shall not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar cir…

§560:5-427 Principles of distribution by conservator. (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the protected person without further court auth…

§560:5-428 Death of protected person. If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the conservator's possession to a person able to secure its probate or, if none is known, deposit t…

§560:5-429 Presentation and allowance of claims. (a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance wi…

§560:5-431 Termination of proceedings. (a) A conservatorship terminates upon the death of the protected person or upon order of the court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the pr…

§560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding. (a) A person who is indebted to, or has the possession of tangible or intangible property of a protected person, may pay the debt or deliver the property to a foreign conservator,…

§560:5-433 Foreign conservator; proof of authority; bond; powers. If a conservator has not been appointed in this State and a petition in a protective proceeding is not pending in this State, a conservator appointed in the state in which the protected person resides may file in a…

[PART 6.] INCAPACITATED PERSONS STERILIZATION RIGHTS §560:5-601 Definitions. As used in this part: "Adult" means an individual who has attained the age of eighteen years. "Court" means any duly constituted court. "Incapacitated person" means a person as defined in section 560:5-1…

§560:5-606 REPEALED. L 2006, c 25, §5.

§560:5-607 Hearing. (a) The court shall set a hearing on the petition and shall order that notice of the time and place of hearing be provided to the ward, the guardian, and the guardian ad litem for the ward and any other persons that the court may designate. (b) The ward shall …

§560:5-612 No liability arising from sterilization; exception. No physician or hospital, nor the State or its agents, or any other person acting in accordance with this part shall be liable to anyone, either civilly or criminally, for having performed or authorized the performanc…

ARTICLE VI NONPROBATE TRANSFERS PART 1. MULTIPLE-PARTY ACCOUNTS §560:6-101 Definitions. In this part, unless the context otherwise requires: "Account" means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings ac…

§560:6-102 Ownership as between parties, and others; protection of financial institutions. The provisions of sections 560:6-103 to 560:6-105 concerning beneficial ownership as between parties and payable-on-death payees, or as between parties or beneficiaries of multiple-party ac…

§560:6-103 Ownership during lifetime. (a) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (b) A payable-on-death…

§560:6-104 Right of survivorship. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account…

§560:6-105 Effect of written notice to financial institution. The provisions of section 560:6-104 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by all parties to the financial instit…

§560:6-106 Accounts and transfers nontestamentary. Any transfers resulting from the application of section 560:6-104 are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to articles I to IV of this chap…

§560:6-107 Rights against multiple-party accounts. A transfer to a survivor of a multiple-party account can be set aside, to the extent described below, in the event the assets in the hands of the personal representative of the deceased party are insufficient to pay taxes, expens…

§560:6-108 Financial institution protection; payment on signature of one party. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Subject to the provision of sections 236D-12 and 560:6-107, any multipl…

§560:6-109 Financial institution protection; payment after death or disability; joint account. Subject to the provisions of sections 236D-12 and 560:6-107 any sums in a joint account may be paid, on request and according to its terms, to any party without regard to whether any ot…

§560:6-110 Financial institution protection; payment of payable-on-death account. Any payable-on-death account may be paid, on request, to any original party to the account. Payment may be made, on request, to the payable-on-death payee or to the personal representative or heirs …

§560:6-111 Financial institution protection; payment of trust account. Subject to the provisions of section 560:6-107, any trust account may be paid, on request and according to its terms, to any trustee. Unless the financial institution has received written notice or has actual …

§560:6-112 Financial institution protection; discharge. Payment made pursuant to section 560:6-108, 560:6-109, 560:6-110, or 560:6-111 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership o…

§560:6-113 Financial institution protection; set-off. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to …

PART 2. [RESERVED] §560:6-201 Reserved.

ARTICLE VII TRUST ADMINISTRATION--REPEALED §§560:7-101 to 560:7-501 REPEALED. L 2021, c 32, §11.

ARTICLE VIII EFFECTIVE DATE AND REPEALER [PART 1. EFFECT OF ACT 200, SESSION LAWS OF HAWAII 1976] §560:8-101 Time of taking effect; provisions for transition. (a) This chapter takes effect on July 1, 1976, except that the provisions of Articles II, III and IV and the Hawaii Revis…

§560:8-102 Specific repealer and amendments. [Omitted as functus].

[PART 2. EFFECT OF ACT 288, SESSION LAWS OF HAWAII 1996] §560:8-201 Effect and transition. (a) The amendments made by [Act 288, Session Laws of Hawaii 1996, hereinafter referred to as this Act,] shall take effect on January 1, 1997. (b) Except as provided elsewhere in this Act, o…