Guardianship and conservatorship in Hawaii: who, where, cost

How a court can name a guardian or conservator in Hawaii, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (limited or unlimited) of an incapacitated person; emergency guardian; temporary substitute guardian; conservator (limited or unlimited) of a protected person's estate.

Court: Adult guardianship: family court or circuit court (concurrent jurisdiction). Conservatorship: circuit court (exclusive).

What guardianship or conservatorship is

What it is called

Guardian (limited or unlimited) of an incapacitated person; emergency guardian; temporary substitute guardian; conservator (limited or unlimited) of a protected person's estate

When a court may appoint one

An 'incapacitated person' cannot receive and evaluate information or make or communicate decisions to the extent they cannot meet essential requirements for physical health, safety or self-care, even with appropriate and reasonably available technological help. The court may appoint a guardian only if it finds by clear and convincing evidence that the person is incapacitated and their needs cannot be met by less restrictive means, and should grant only the powers needed. A conservator may be appointed if, by clear and convincing evidence, the person cannot manage property and business affairs effectively.

Law: HRS 560:5-102, 560:5-311; HRS 560:5-401

Kinds

Unlimited guardian
Limited guardian
Emergency guardian (up to 90 days)
Temporary substitute guardian
Unlimited or limited conservator, or another protective order

Law: HRS §§ 560:5-102, 560:5-106, 560:5-304, 560:5-310, 560:5-311, 560:5-312, 560:5-401

Who can ask, which court and your own choice

Who may ask

The individual or a person interested in the individual's welfare.

Law: HRS 560:5-304(a)

Court

Adult guardianship: family court or circuit court (concurrent jurisdiction). Conservatorship: circuit court (exclusive).

Law: HRS 560:5-106

Choosing your own

You can nominate a guardian or conservator of your estate or person in a power of attorney; the court must follow your most recent nomination except for good cause or disqualification. You can also nominate a guardian in a written advance health-care directive or mental health care directive. Your health care agent has priority for appointment as guardian.

Law: HRS 551E-4(a); HRS 327E-3(i); HRS 327G-3(c); HRS 560:5-310

Effect on a power of attorney

If a guardian of your estate or other property fiduciary is appointed, your agent is accountable to them as well as to you, and the power of attorney continues unless the court limits, suspends or ends it. A guardian may not revoke your advance health-care directive without express court authority.

Law: HRS 551E-4(b); HRS 327E-6(a)

Other options and where to report abuse

Report abuse or exploitation

Hawaii Department of Human Services - Adult Protective and Community Services Branch (Adult Protective Services) · (808) 832-5115

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Hawaii

Report abuse or exploitation

Hawaii Department of Human Services - Adult Protective and Community Services Branch (Adult Protective Services) · (808) 832-5115

Questions about powers of attorney in Hawaii

How does guardianship or conservatorship work in Hawaii?

More for Hawaii

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.