Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating a Proceeding – Filing a Petition:
An incapacitated person or any person interested in the welfare of the incapacitated person may initiate guardianship proceedings by filing a petition for appointment of a limited or unlimited guardian.
Notice of Hearing:
Notice of the petition must be given to all persons listed in the petition.
Examinations, Evaluations, and Interviews:
Once a petition is filed, the court must appoint a “kokua kanawai” to help manage the investigation and explain proceedings to the respondent. Among other responsibilities, the visitor must interview the respondent and the person interview the proposed guardian, and explain the proceedings to the respondent. The kokua kanawai files a report with the court. The court may also appoint an expert to evaluate the competency of the respondent and submit their findings in a report to the court. If the person alleged to be incapacitated demands, the court must appoint an expert.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian’s powers.
Conservatorship in Hawaii:
Where a person is incapable of managing their own financial affairs, a petition for appointment of a conservator may be filed by: the person to be protected; an individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; or a person who would be adversely affected by lack of effective management of the property and business affairs of the person to be protected.
The process for the appointment of a conservator parallels that of guardianship: notice is provided to all interested parties, the relevant information is gathered, a hearing is held, then a judge renders a decision.
Haw. Rev. Stat. § 560:5-304 through Haw. Rev. Stat § 560:5-311
Haw. Rev. Stat § 560:5-403
https://www.courts.state.hi.us/wp-content/uploads/2024/09/hpr_ada.htm#Rule%20115.