Bill Text: HI SB3 | 2019 | Regular Session | Introduced
Bill Title: Relating To Guardianship.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-01 - The committee on JDC deferred the measure. [SB3 Detail]
Download: Hawaii-2019-SB3-Introduced.html
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THE SENATE |
S.B. NO. |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to guardianship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 560:5-305, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
"(b) The court shall
appoint a lawyer to represent the respondent in the proceeding [if:
(1) Requested
by the respondent;
(2) Recommended
by the kokua kanawai; or
(3) The
court determines that the respondent needs representation].
The court-appointed lawyer shall meet with the respondent at least once prior to any hearing for a petition to establish guardianship.
(c)
Unless otherwise ordered by the court for good cause shown, the kokua
kanawai shall interview the respondent in person and, to the extent that the
respondent is able to understand:
(1) Explain
to the respondent the substance of the petition, the nature, purpose, and
effect of the proceeding, the respondent's rights at the hearing, and the
general powers and duties of a guardian;
(2) Determine
the respondent's views about the proposed guardian, the proposed guardian's
powers and duties, and the scope and duration of the proposed guardianship; and
(3) Inform
the respondent of the right to [employ and consult with a lawyer at the
respondent's own expense and the right to request] a court-appointed lawyer[;
and
(4) Inform
the respondent that all costs and expenses of the proceeding, including
respondent's attorney's fees, will be paid from the respondent's estate]."
2.
By amending subsection (e) to read:
"(e)
The kokua kanawai shall promptly file a report in writing with the
court, which shall include:
[(1) A
recommendation as to whether a lawyer should be appointed to represent the
respondent;
(2)] (1) A summary of daily functions the respondent
can manage without assistance, could manage with the assistance of supportive
services or benefits, including use of appropriate technological assistance,
and cannot manage;
[(3)] (2) Recommendations regarding the appropriateness
of guardianship, including as to whether less restrictive means of intervention
are available, the type of guardianship, and, if a limited guardianship, the
powers to be granted to the limited guardian;
[(4)] (3) A statement of the qualifications of the
proposed guardian, together with a statement as to whether the respondent
approves or disapproves of the proposed guardian, and the powers and duties
proposed or the scope of the guardianship;
[(5)] (4) A statement as to whether the proposed
dwelling meets the respondent's individual needs;
[(6)] (5) A recommendation as to whether a professional
evaluation or further evaluation is necessary; and
[(7)] (6) Any other matters the court directs."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Guardianship; Incapacitated Persons; Petition Respondent; Court-Appointed Attorney
Description:
Requires the court to appoint an attorney to represent the respondent in a guardianship petition. Requires the court appointed attorney to meet with the respondent at least once prior to the guardianship petition hearing.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
