reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:4-201 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

  §560:4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating:  (1) The date of the death of the nonresident decedent;  (2) That no local administration, or application or petition therefor, is pending in this State; and  (3) That the domiciliary foreign personal representative is entitled to payment or delivery. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-202 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-202 Payment or delivery discharges.

  §560:4-202 Payment or delivery discharges. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-203 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-203 Resident creditor notice.

  §560:4-203 Resident creditor notice. Payment or delivery under section 560:4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-204 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-204 Proof of authority-bond.

  §560:4-204 Proof of authority-bond. If no local administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with a court in this State in a judicial circuit in which property belonging to the decedent is located, authenticated copies of the representative's appointment and of any official bond the representative has given. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-205 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-205 Powers.

  §560:4-205 Powers. A domiciliary foreign personal representative who has complied with section 560:4-204 may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-206 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-206 Power of representatives in transition.

  §560:4-206 Power of representatives in transition. The power of a domiciliary foreign personal representative under section 560:4-201 or 560:4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 560:4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed the person's position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for that person in any action or proceedings in this State. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-207 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-207 Ancillary and other local administrations; provisions governing.

  §560:4-207 Ancillary and other local administrations; provisions governing. In respect to a nonresident decedent, the provisions of article III of this chapter govern:  (1) Proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and  (2) The status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-301 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-301 Jurisdiction by act of foreign personal representative.

  §560:4-301 Jurisdiction by act of foreign personal representative. A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by:  (1) Filing authenticated copies of the foreign personal representative's appointment as provided in section 560:4-204;  (2) Receiving payment of money or taking delivery of personal property under section 560:4-201; or  (3) Doing any act as a personal representative in this State which would have given the State jurisdiction over that foreign personal representative as an individual. Jurisdiction under paragraph (2) is limited to the money or value of personal property collected. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-302 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-302 Jurisdiction by act of decedent.

  §560:4-302 Jurisdiction by act of decedent. In addition to jurisdiction conferred by section 560:4-301, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that the decedent was subject to jurisdiction immediately prior to death. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-303 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-303 Service on foreign personal representative.

  §560:4-303 Service on foreign personal representative. (a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to the foreign personal representative's last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or the decedent immediately prior to death.  (b) If service is made upon a foreign personal representative as provided in subsection (a), the foreign personal representative shall be allowed at least thirty days within which to appear or respond. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:4-401 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:4-401 Effect of adjudication for or against personal representative.

  §560:4-401 Effect of adjudication for or against personal representative. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication. [L 1996, c 288, pt of §1]
HI Rev Stat § 560:5-102 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-102 Definitions.

  §560:5-102 Definitions. In parts 1 through 4 of this article:  "Conservator" means a person who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator.  "Court" means either a circuit court in this State having jurisdiction in matters relating to the affairs of decedents or the family court, depending on which court has subject matter jurisdiction under section 560:5-106.  "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent, spouse, reciprocal beneficiary, or by the court. The term includes a limited, emergency, and temporary substitute guardian but not a guardian ad litem.  "Incapacitated person" means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.  "Kokua kanawai" means an individual appointed by a court who has the role and authority granted under rule 113 of the Hawaii probate rules.  "Legal representative" includes an attorney, a representative payee, a guardian or conservator acting for a respondent in this State or elsewhere, a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary, and an agent designated under a power of attorney, whether for health care or property, in which the respondent is identified as the principal.  "Minor" means an unemancipated individual who has not attained eighteen years of age.  "Parent" means a parent whose parental rights have not been terminated.  "Protected person" means a minor or other individual for whom a conservator has been appointed or other protective order has been made.  "Respondent" means an individual for whom the appointment of a guardian or conservator or other protective order is sought.  "Ward" means an individual for whom a guardian has been appointed. [L 2004, c 161, pt of §1] Case Notes  Where judge, at the time judge entered the family court orders purporting to void the estate documents, was a district judge appointed under §571-8, not a circuit judge sitting by designation in family court under §571-4, the judge lacked original jurisdiction over guardianships of the property under this section as it stood prior to the 1996 amendments to the Hawaii uniform probate code. 110 H. 8, 129 P.3d 511 (2006).
HI Rev Stat § 560:5-103 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-103 Reserved.

  §560:5-103 Reserved.
HI Rev Stat § 560:5-104 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-104 Facility of transfer

 §560:5-104 Facility of transfer. (a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding $10,000 a year, by transferring it to:  (1) A person who has the care and custody of the minor and with whom the minor resides;  (2) A guardian of the minor;  (3) A custodian under chapter 553A, the Uniform Transfers To Minors Act or custodial trustee under chapter 554B, the Uniform Custodial Trust Act; or  (4) A federally-insured financial institution as a deposit in an interest-bearing account or certificate in the sole name of the minor and giving notice of the deposit to the minor.  (b) A person who transfers money or property in compliance with this section is not responsible for its proper application.  (c) A guardian or other person who receives money or property for a minor under subsection (a)(1) or (2) shall only apply it to the support, care, education, health, and welfare of the minor, and may not derive a personal financial benefit except for reimbursement for necessary expenses. Any excess shall be preserved for the future support, care, education, health, and welfare of the minor, and any balance shall be transferred to the minor upon emancipation or attaining majority. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-105 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-105 Delegation of power by parent or guardian.

  §560:5-105 Delegation of power by parent or guardian. A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, which time limit shall be expressly stated in the document, any power regarding the care, custody, or property of the minor or ward, except the power to consent to marriage or adoption. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-106 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-106 Subject matter jurisdiction.

  §560:5-106 Subject matter jurisdiction. This article applies to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this State, protective proceedings for individuals domiciled in or having property located in this State, and property coming into the control of a guardian or conservator who is subject to the laws of this State.  (1) Circuit court jurisdiction. The circuit court shall have concurrent jurisdiction over guardianships and related proceedings concerning incapacitated adults. The circuit court shall not have jurisdiction over guardianships and related proceedings concerning minors. The circuit court shall have exclusive jurisdiction over conservatorship proceedings and those proceedings under part 4 of this article, for both adults and minors;  (2) Family court jurisdiction. The family court shall have exclusive jurisdiction over guardianships and related proceedings concerning minors and concurrent jurisdiction over guardianship and related proceedings concerning incapacitated adults. The family court shall have exclusive jurisdiction over guardianship proceedings concerning minors, regardless of whether the proceeding is based upon the minor's age or the minor's status as an incapacitated person; and  (3) Consolidation of proceedings regarding same person. Where protective and guardianship proceedings relating to the same person have been initiated, they may be consolidated in the court as the court in the exercise of its discretion shall determine. [L 2004, c 161, pt of §1] Cross References  Effect of L 2004, c 161 amendments, see §560:8-301. Case Notes  Family court had subject matter jurisdiction to issue temporary restraining order under paragraphs (2) and (3) and § §571-8.5 and 560:1-302(b), where resolution of ward's capacity was required to be resolved, and an apparent threat of ward's removal from the court's jurisdiction was alleged. 113 H. 211, 151 P.3d 692 (2007).
HI Rev Stat § 560:5-107 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-107 Transfer of jurisdiction.

  §560:5-107 Transfer of jurisdiction. (a) After the appointment of a guardian or conservator or entry of any other protective order, the court making the appointment or entering the order may transfer the proceeding to a court in another circuit in this State or to another state if the court is satisfied that a transfer will serve the best interest of the ward or protected person.  (b) If a guardianship or protective proceeding is pending in another state or a foreign country and a petition for guardianship or protective proceeding is filed in a court in this State, the court in this State shall notify the original court and, after consultation with the original court, assume or decline jurisdiction, whichever is in the best interest of the ward or protected person.  (c) A guardian, conservator, or like fiduciary appointed in another state may petition the court for appointment as a guardian or conservator in this State if venue in this State is or will be established. The appointment may be made upon proof of appointment in the other state and presentation of a certified copy of the portion of the court record in the other state specified by the court in this State. Notice of hearing on the petition, together with a copy of the petition, shall be given to the ward or protected person, if the ward or protected person has attained fourteen years of age, and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or conservator under this article were applicable. The court shall make the appointment in this State unless it concludes that the appointment would not be in the best interest of the ward or protected person. Upon the filing of an acceptance of office and any required bond, the court shall issue appropriate letters of guardianship or conservatorship. Within fourteen days after an appointment, the guardian or conservator shall send or deliver a copy of the order of appointment to the ward or protected person, if the ward or protected person has attained fourteen years of age, and to all persons given notice of the hearing on the petition. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-108 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-108 Venue.

  §560:5-108 Venue. (a) Venue for a guardianship proceeding for a minor is in the circuit of this State in which the minor resides or is present at the time the proceeding is commenced.  (b) Venue for a guardianship proceeding for an incapacitated person:  (1) Is in the circuit of this State in which the respondent resides; or  (2) If the respondent has been admitted to an institution by order of a court of competent jurisdiction, is in the circuit in which the court is located. Venue for the appointment of an emergency or a temporary substitute guardian of an incapacitated person is also in the circuit in which the respondent is present.  (c) Venue for a protective proceeding is in the circuit of this State in which the respondent resides, whether or not a guardian has been appointed in another place or, if the respondent does not reside in this State, in any circuit of this State in which property of the respondent is located.  (d) If a proceeding under this article is brought in more than one circuit in this State, the court of the circuit in which the proceeding is first brought shall have the exclusive right to proceed unless that court determines that venue is properly in another court or that the interests of justice otherwise require that the proceeding be transferred. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-109 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-109 Practice in court.

  §560:5-109 Practice in court. (a) Except as otherwise provided in this article:  (1) Guardianship proceedings under this article pending in the family court are governed by the Hawaii family court rules including the rules concerning appellate review; and  (2) Guardianship and protective proceedings under this article pending in the court are governed by the Hawaii probate rules, including rules concerning appellate review.  (b) If guardianship and protective proceedings as to the same individual are commenced or pending in the same circuit, the proceedings may be consolidated. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-110 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-110 Letters of office.

  §560:5-110 Letters of office. Upon the guardian's filing of an acceptance of office, the court shall issue appropriate letters of guardianship. Upon the conservator's filing of an acceptance of office and any required bond, the court shall issue appropriate letters of conservatorship. Letters of guardianship shall indicate whether the guardian was appointed by the court, a parent, or the spouse or reciprocal beneficiary. Any limitation on the powers of a guardian or conservator or of the assets subject to a conservatorship shall be endorsed on the guardian's or conservator's letters. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-111 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-111 Effect of acceptance of appointment.

  §560:5-111 Effect of acceptance of appointment. By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding to the guardian or conservator at the guardian's or conservator's address shown in the court records and at any other address then known to the petitioner. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-112 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-112 Termination of or change in guardian's or conservator's appointment.

  §560:5-112 Termination of or change in guardian's or conservator's appointment. (a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the applicable court. An appointment by a parent, spouse, or reciprocal beneficiary as guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination of the appointment of a guardian or conservator does not affect the liability of either for previous acts or the obligation to account for money and other assets of the ward or protected person.  (b) A ward, protected person, person interested in the welfare of a ward or protected person, or governmental agency may petition for removal of a guardian or conservator on the ground that removal would be in the best interest of the ward or protected person or for other good cause. A guardian or conservator may petition for permission to resign. A petition for removal or permission to resign may include a request for appointment of a successor guardian or conservator.  (c) The court may appoint an additional guardian or conservator at any time, to serve immediately or upon some other designated event, and may appoint a successor guardian or conservator in the event of a vacancy or make the appointment in contemplation of a vacancy, to serve if a vacancy occurs. An additional or successor guardian or conservator may file an acceptance of appointment at any time after the appointment, but not later than thirty days after the occurrence of the vacancy or other designated event. The additional or successor guardian or conservator becomes eligible to act on the occurrence of the vacancy or designated event, or the filing of the acceptance of appointment, whichever last occurs. A successor guardian or conservator succeeds to the predecessor's powers, and a successor conservator succeeds to the predecessor's title to the protected person's assets.  (d) Notwithstanding section 560:1-401, the court, without a hearing, may remove or accept the resignation of a guardian and appoint the public guardian under chapter 551A as a temporary or successor guardian upon the filing of a petition with notice by regular mail to the last known address of those persons entitled to notice in section 560:5-309 and upon such instructions as the court deems necessary. [L 2004, c 161, pt of §1]