[§551G-22] Accepting guardianship or conservatorship transferred from another state.

438 words·~2 min read·/hi/551g-22

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To confirm transfer of a guardianship or conservatorship transferred to the State of Hawaii under provisions similar to section 551G-21, the guardian or conservator shall petition the court of the State of Hawaii to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.

(b)Notice of a petition under subsection

(a)shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in the transferring state and the State of Hawaii. The notice shall be given in the same manner as notice is required to be given in the State of Hawaii.

(c)On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d)The court shall issue an order provisionally granting a petition filed under subsection

(a)unless:

(1)An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(2)The guardian or conservator is ineligible for appointment in the State of Hawaii.

(e)The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the State of Hawaii upon its receipt of a final order, issued under provisions similar to section 551G-21, from the court where the proceeding is being transferred from.

(f)No later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of the State of Hawaii.

(g)In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

(h)The denial by a court of the State of Hawaii of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the State of Hawaii under chapter 551 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. [L 2012, c 236, pt of §1]