THE SENATE	S.B. NO.	3
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

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.

 

INTRODUCED BY:	_____________________________

 

 

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.

 

 

 

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