How To Acquire Guardianship In Honolulu, HI

by | Apr 3, 2014 | Lawyers & Law Firms

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Guardianship Honolulu HI consists of a legal action in which a family member takes on the responsibility and care of an individual who has been deemed incapacitated. This caretaker achieves a role in which he or she has direct control over the individual’s care, finances, and properties. He or she is legally obligated to coordinate healthcare requirements for this individual and must adhere to the Hawaii laws that apply to this role.

When a Guardian is not Appointed

Individuals who undergo estate planning requirements can appoint a family member to oversee their care and management of their financial affairs and property. However, when this is not the case, a family member can step in and file a motion to acquire guardianship. The associated fee for this appointment begins at $6,000 and tops out at $12,000.

The first requirement for filing this petition in the probate court of Honolulu County is a doctor’s evaluation of the individual listed as incapacitated. The report generated by the doctor must certify to the fact that the individual is incapable of comprehending vital information that would allow him or her to manage their affairs. It must prove that the person’s safety is in jeopardy, that they are unable to maintain their own health or self-care and require someone to manage these concepts for them.

Investigation

The Honolulu County probate court assigns an investigator to review the guardianship case; a fee of up to $2,500 is required from the petitioner for this analysis. This investigator conducts interviews with all family members and gathers information. All data collected is utilized to determine whether the petitioner is the most appropriate guardian for the incapacitated individual or if another family member is more suitable. After all investigations are conducted, he or she files a report with the presiding judge.

Completion of the Process

After the Guardianship Honolulu HI is granted by the judge, the guardian is required to submit an itemized report each year that includes detailed financial records for the individual. Any funds spent by the guardian that belong to the incapacitated individual require a receipt that documents how and why it was used. There are fees for the annual review of these concepts required of the guardian which top out at $3,000 in fees. For further details about Honolulu County guardianship, family members can Visit the website.

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