Title 30, Guardians And Trustees

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 ju…

§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…

GUARDIANS AND DISPOSITION OF SMALL ESTATES §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…

§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 …

§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 powe…

[§551A-1] Office of public guardian; establishment; appointment. There is established the office of the public guardian in the judiciary. The chief justice shall appoint the public guardian, who shall serve at the chief justice's pleasure. [L 1984, c 223, pt of §1]

§551A-2 Powers and duties. (a) The public guardian shall serve as guardian, limited guardian, testamentary guardian, emergency guardian, or temporary substitute guardian of an incapacitated person when so appointed by the family court or by the circuit court under chapter 560. No…

[§551A-3] When not appointed. The public guardian shall not be appointed if another suitable guardian is available and willing to accept the guardianship appointment, unless the court finds that the best interests of the ward would be better served by the appointment of the publi…

[§551A-4] Court costs. In any proceeding for appointment of a public guardian, the court may waive any court costs or filing fees. [L 1984, c 223, pt of §1]

[§551A-5] Fees for services; when not allowed. (a) The public guardian may receive such reasonable fees for services as public guardian as the court allows. (b) No fees shall be allowed which would unreasonably diminish the ward's estate so as to endanger the ward's financial ind…

[§551A-6] Rules. The public guardian shall make such rules as may be necessary to carry out its duties. [L 1984, c 223, pt of §1]

[§551A-7] Annual report. The public guardian shall prepare and submit an annual report to the chief justice and render such other reports as the chief justice may from time to time require. [L 1984, c 223, pt of §1]

[§551A-8] Funding. Funding for the office of the public guardian shall be included in the budget of the judiciary. [L 1984, c 223, pt of §1]

[§551A-9] Contracts. The public guardian may make and enter into contracts, and generally do all such things as in its judgment may be necessary, proper, and expedient in accomplishing its duties. [L 1984, c 223, pt of §1]

PART I. GENERAL PROVISIONS [§551E-1] Definitions. For the purposes of this chapter, unless the context clearly indicates otherwise: "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherw…

[§551E-10] Agent's duties. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (c) An agent that acts in good faith shall no…

[§551E‑11] Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal's successors in interest except to the extent the provision:

[§551E‑12] Judicial relief. (a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief: (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court …

[§551E‑13] Agent's liability. An agent that violates this chapter shall be liable to the principal or the principal's successors in interest for the amount required to:

[§551E‑14] Agent's resignation; notice. Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:

[§551E‑15] Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes of this section and section 551E‑16, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. (b) A person that in good fait…

[§551E‑16] Liability for refusal to accept acknowledged power of attorney. (a) Except as otherwise provided in subsection (b): (b) A person shall not be required to accept an acknowledged power of attorney if: (c) A person that refuses to accept an acknowledged power of attorney …

[§551E‑17] Principles of law and equity. Unless displaced by a provision of this chapter, the principles of law and equity shall supplement this chapter. [L 2014, c 22, pt of §1]

[§551E‑18] Laws applicable to financial institutions and entities. This chapter shall not supersede any other law applicable to financial institutions or other entities, and the other law shall control if inconsistent with this chapter. [L 2014, c 22, pt of §1]

[§551E‑19] Remedies under other law. The remedies under this chapter shall not be exclusive and shall not abrogate any right or remedy under the law of this State other than this chapter. [L 2014, c 22, pt of §1]

[§551E-2] Applicability. This chapter shall apply to all powers of attorney except:

[§551E-3] Power of attorney. (a) A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal. (b) A power of attorney shall be signed by the principal or in the principal's conscious presenc…

PART II. AUTHORITY [§551E‑31] Authority that requires specific grant; grant of general authority. (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the a…

[§551E‑32] Incorporation of authority. (a) An agent shall have authority described in this part if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 551E-34 through 551E-47 or cites the section in which the …

[§551E‑33] Construction of authority generally. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 551E-34 through 551E-47 or that grants to an agent authority to do all acts that …

[§551E‑34] Real property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property shall authorize the agent to:

[§551E‑35] Tangible personal property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property shall authorize the agent to:

[§551E‑36] Stocks and bonds. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds shall authorize the agent to:

[§551E‑37] Commodities and options. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options shall authorize the agent to:

[§551E‑38] Banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions shall authorize the agent to:

[§551E‑39] Operation of entity or business. Unless the power of attorney otherwise provides, and subject to the terms of a document or an agreement governing an entity or an entity ownership interest, language in a power of attorney granting general authority with respect to oper…

[§551E-4] Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. (a) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate, or conservator or guardian of the principal's person for consideration by the…

[§551E‑40] Insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities shall authorize the agent to:

[§551E‑41] Estates, trusts, and other beneficial interests. (a) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be…

[§551E‑42] Claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation shall authorize the agent to:

[§551E‑43] Personal and family maintenance. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to: (b) Authority with respect to personal and fam…

[§551E‑44] Benefits from governmental programs or civil or military service. (a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medica…

[§551E‑45] Retirement plans. (a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, includi…

[§551E‑46] Taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes shall authorize the agent to:

[§551E‑47] Gifts. (a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under chapter 553A, the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, [t…

[§551E-5] Effective date of power of attorney. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney …

PART III. STATUTORY FORMS [§551E‑51] Statutory form power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. STATE OF HAWAII STATUTORY FORM POWER OF ATTOR…

[§551E‑52] Agent's certification. The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of ___________________________________________ County o…

[§551E-6] Termination of power of attorney or agent's authority. (a) A power of attorney terminates when: (b) An agent's authority terminates when: (c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsec…

PART IV. MISCELLANEOUS PROVISIONS [§551E‑61] Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [L 2014, …