Title 30, Guardians And Trustees

[§551E-9] Agent's acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. [L 2014, c …

PART I. GENERAL PROVISIONS [§551G-1] Short title. This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. [L 2012, c 236, pt of §1]

PART II. JURISDICTION [§551G-11] Definitions; significant factors. (a) For purposes of this part: "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary be…

[§551G-12] Exclusive basis. This part provides the exclusive jurisdictional basis for a court of the State of Hawaii to appoint a guardian or issue a protective order for an adult. [L 2012, c 236, pt of §1]

[§551G-13] Jurisdiction. A court of the State of Hawaii has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) The State of Hawaii is the respondent's home state; (2) On the date the petition is filed, the State of Hawaii is considered to be a…

[§551G-14] Special jurisdiction. (a) A court of the State of Hawaii, while lacking jurisdiction under section 551G-13(1) through (3), shall have special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding ninety days for a resp…

[§551G-15] Exclusive and continuing jurisdiction. Except as otherwise provided in section 551G-14, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated …

[§551G-16] Appropriate forum. (a) A court of the State of Hawaii having jurisdiction under section 551G-13 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate f…

[§551G-17] Jurisdiction declined by reason of conduct. (a) If at any time a court of the State of Hawaii determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdictio…

[§551G-18] Notice of proceeding. If a petition for the appointment of a guardian or issuance of a protective order is brought in the State of Hawaii and it was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirement…

[§551G-19] Proceedings in more than one state. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the State of Hawaii under section 551G-14(a)(1) or (a)(2), if a petition for the appointment of …

[§551G-2] Definitions. When used in this chapter, unless the context requires otherwise: "Adult" means an individual who has attained eighteen years of age. "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed un…

PART III. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP [§551G-21] Transfer of guardianship or conservatorship to another state. (a) A guardian or conservator appointed in the State of Hawaii may petition the court to transfer the guardianship or conservatorship to another state. (…

[§551G-22] Accepting guardianship or conservatorship transferred from another state. (a) To confirm transfer of a guardianship or conservatorship transferred to the State of Hawaii under provisions similar to section 551G-21, the guardian or conservator shall petition the court o…

[§551G-3] International application. A court of the State of Hawaii may treat a foreign country as if it were a state for the purpose of applying this part and parts II, III, and IV. [L 2012, c 236, pt of §1]

PART IV. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES [§551G-31] Registration of guardianship orders. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the State of Hawaii, the guardian appointed in th…

[§551G-32] Registration of protective orders. If a conservator has been appointed in another state and a petition for a protective order is not pending in the State of Hawaii, the conservator appointed in the other state, after giving notice to the appointing court of an intent t…

[§551G-33] Effect of registration. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the State of Hawaii all powers authorized in the order of appointment except as prohibited under the laws of the State of…

[§551G-4] Communication between courts. (a) A court of the State of Hawaii may communicate with a court in another state concerning a proceeding arising under this chapter. Either court may allow the parties to participate in the communication. Except as otherwise provided in sub…

PART V. MISCELLANEOUS PROVISIONS [§551G-41] Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2012, c …

[§551G-42] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001, et seq., but does not modify, limit, or…

[§551G-5] Cooperation between courts. (a) In a guardianship or protective proceeding in the State of Hawaii, the court may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in the other state to produce …

[§551G-6] Taking testimony in another state. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the State of Hawaii …

[§553A-1] Definitions. As used in this chapter, unless the context otherwise requires: "Adult" means an individual who has attained the age of twenty-one years. "Benefit plan" means an employer's plan for the benefit of an employee or partner. "Broker" means a person lawfully eng…

[§553A-10] Single custodianship. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship. [L 1985, c 91, pt of §1…

[§553A-11] Validity and effect of transfer. (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by: (1) Failure of the transferor to comply with section 553A-9(c) concerning possession and control; (2) Designation of an ineligible custodian,…

[§553A-12] Care of custodial property. (a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property,…

[§553A-13] Powers of custodian. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that ca…

[§553A-14] Use of custodial property. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (1) The …

[§553A-15] Custodian's expenses, compensation, and bond. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under section 553A-4, a custodian ha…

[§553A-16] Exemption of third person from liability. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of know…

[§553A-17] Liability to third persons. (a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship; may be asserted…

§553A-18 Renunciation, resignation, death, or removal of custodian; designation of successor custodian. (a) A person nominated under section 553A-3 or designated under section 553A-9 as custodian may decline to serve by delivering a valid renunciation pursuant to chapter 526 to t…

§553A-19 Accounting by and determination of liability of custodian. (a) A minor who has attained the age of fourteen years, the minor's guardian or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the c…

[§553A-2] Scope and jurisdiction. (a) This chapter applies to a transfer that refers to this chapter in the designation under section 553A-9(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this State or…

[§553A-20] Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) The minor's attainment of twenty-one years of age with respect to custodial property transferred un…

[§553A-21] Applicability. This chapter applies to a transfer within the scope of section 553A-2 made after July 1, 1985 if: (1) The transfer purports to have been made under the Hawaii Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been …

[§553A-22] Effect on existing custodianships. (a) Any transfer of custodial property as now defined in this chapter made before July 1, 1985, is validated notwithstanding that there was no specific authority in the Hawaii Uniform Gifts to Minors Act for the coverage of custodial …

[§553A-23] Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1985, c 91, pt of §1]

[§553A-24] Short title. This chapter may be cited as the "Hawaii Uniform Transfers to Minors Act". [L 1985, c 91, pt of §1]

[§553A-3] Nomination of custodian. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming…

[§553A-4] Transfer by gift or exercise of power of appointment. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 553A-9. [L 1985, c 91, pt of §1]

[§553A-5] Transfer authorized by will or trust. (a) A personal representative or trustee may make an irrevocable transfer pursuant to section 553A-9 to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominate…

[§553A-6] Other transfer by fiduciary. (a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 553A-9, in the absence of a will or under a wi…

[§553A-7] Transfer by obligor. (a) Subject to subsections (b) and (c), a person not subject to section 553A-5 or 553A-6 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor…

[§553A-8] Receipt for custodial property. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. [L 1985, c 91, pt of §1]