Apply for Conservatorship & Guardianship Positions in Honolulu, HI
You may be wondering, “What’s the difference between a Guardianship and Conservatorship?” A Guardianship involves seeking court appointment of a person who will be responsible for the incapacitated or minor person’s daily needs (health, physical and emotional support and care). A Conservatorship involves seeking court appointment of a person who will be responsible for the incapacitated or minor person’s finances. You may need one or both depending upon the circumstances.
The most common cases involve:
- Special Needs Individuals
- Individuals who have been seriously disabled or incapacitated due to an accident or an illness
- Elderly family members who no longer have capacity due to Alzheimer's or dementia.
- Minor Children will soon become 18 years of age and still be unable to take care of themselves.
Call us today at (808) 537-2027 with any questions.
Guardianship
I am here to help you navigate the legal steps for obtaining guardianship of a friend or loved one. Whether a child, special needs adult, parent, sibling, or relative who is no longer able to care for themselves, I will assist you through the commencement of your guardianship case, filing the proper documentation, attending hearings, and answering questions to ensure that you understand the process.
Conservatorship
I am able to assist you in conservatorship matters in circumstances where there is a minor or an incapacitated person who requires a person be appointed by the court to be responsible for the financial affairs of the minor or incapacitated person. Sometimes, a guardianship is also necessary, and conservatorship cases and guardianship cases will be handled together in the Probate Court.
In the case of a minor, the court must determine that: 1) the minor owns money or property requiring management or protection that cannot otherwise be provided; 2) the minor has, or may have, business affairs that may be put at risk or prevented because of the minor's age; and 3) money is needed for support and education and that protection is necessary or desirable to obtain or provide money for the minor.
In the case of an incapacitated person, the court must determine that: 1) the person is "incapacitated", meaning that the person's ability to receive and evaluate information or to make or communicate decisions (even with the use of appropriate and reasonable available technological assistance) is impaired; and 2) the person has property that will be wasted or depleted unless management is provided, or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.
Advanced Health Care Directive
An Advance Health Care Directive ("AHCD") is a legal document that allows you to specify your wishes concerning various healthcare issues and medical decisions. You appoint someone that you trust as "agent" to make medical decisions on your behalf should you be unable to do so.
Your AHCD allows you to also make decisions regarding: i) whether you wish to prolong your life in the event you are unable to participate actively in decisions about your medical care and treatment due to a terminal condition or a permanent loss of the ability to communicate concerning medical treatment decisions, with no reasonable chance of regaining this ability; ii) whether you wish to be kept alive by artificial feeding, tubes, etc.; iii) whether you wish to receive pain medication; iv) organ and body part(s) donation; and v) whom you wish to appoint as your primary physician.
An AHCD essentially takes the burden off of your family having to make some difficult end-of-life decisions regarding your medical care and treatment.
In addition, you may also want to execute a Letter of Last Instruction that deals with the disposition of your physical remains upon your death.
Need more information? Call us at (808)537-2027 to speak with one of our experts.