reglab/housing_qa huggingface dataset:
HI Rev Stat § 560:5-307 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-307 Confidentiality of records.

  §560:5-307 Confidentiality of records. The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but are available to:  (1) The court;  (2) The respondent without limitation as to use;  (3) The petitioner, the kokua kanawai, any nominated guardian, and the petitioner's, nominated guardian's, and respondent's lawyers, for purposes of the proceeding; and  (4) Other persons for any purposes that the court may order for good cause. [L 2004, c 161, pt of §1; am L 2008, c 39, §4] Rules of Court  Confidentiality of records, see HPR rule 113.1.
HI Rev Stat § 560:5-308 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-308 Judicial appointment of guardian; presence and rights at hearing.

  §560:5-308 Judicial appointment of guardian; presence and rights at hearing. (a) Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the kokua kanawai, and otherwise participate in the hearing. The hearing may be held in a location convenient to the respondent and may be closed upon the request of the respondent and a showing of good cause.  (b) Any person may request permission to participate in the proceeding. The court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The court may attach appropriate conditions to the participation. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-309 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-309 Notice.

  §560:5-309 Notice. (a) A copy of a petition for guardianship and notice of the hearing on the petition shall be served personally on the respondent. The notice shall include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection shall preclude the court from granting the petition.  (b) In a proceeding to establish a guardianship, notice of the hearing shall be given to the persons listed in the petition. For good cause, the court may waive notice to any person listed in the petition other than the respondent, upon a showing that all reasonable efforts have been made to ascertain the identity and address of the person or to effect notice, that the efforts were unsuccessful, and that further efforts should not be required because that person has not demonstrated a reasonable degree of interest in or concern about the respondent. Failure to give notice under this subsection shall not preclude the appointment of a guardian or the making of a protective order.  (c) Notice of the hearing on a petition for an order after appointment of a guardian, together with a copy of the petition, shall be given to the ward, the guardian, and any other person the court directs.  (d) A guardian shall give notice of the filing of the guardian's report, together with a copy of the report, to the ward and any other person the court directs. The notice shall be delivered or sent within fourteen days after the filing of the report. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-310 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-310 Who may be guardian; priorities.

  §560:5-310 Who may be guardian; priorities. (a) Subject to subsection (c), the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority:  (1) A guardian, other than a temporary or emergency guardian, currently acting for the respondent in this State or elsewhere;  (2) A person nominated as guardian by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if at the time of the nomination the respondent had sufficient capacity to express a preference;  (3) An agent appointed by the respondent under any medical directive or health care power of attorney or, if none, any designated surrogate under section 327E-5(f);  (4) The spouse or reciprocal beneficiary of the respondent or a person nominated by will or other signed writing of a deceased spouse or reciprocal beneficiary;  (5) An adult child of the respondent;  (6) A parent of the respondent, or an individual nominated by will or other signed writing of a parent; and  (7) An adult with whom the respondent has resided for more than six months before the filing of the petition.  (b) With respect to persons having equal priority, the court shall select the one it considers best qualified. The court, acting in the best interest of the respondent, may decline to appoint a person having priority and appoint a person having a lower priority or no priority.  (c) An owner, operator, or employee of a long-term care institution or other care settings at which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption, or otherwise ordered by the court. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-311 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-311 Findings; order of appointment.

  §560:5-311 Findings; order of appointment. (a) The court may:  (1) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:  (A) The respondent is an incapacitated person; and  (B) The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or  (2) With appropriate findings, treat the petition as one for a protective order under section 560:5-401, enter any other appropriate order, or dismiss the proceeding.  (b) The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.  (c) Within fourteen days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification; provided that, for good cause shown, the court may extend time for the order and notice to be sent or delivered to the ward, or otherwise modify or waive that requirement.  (d) The court shall forward to the Hawaii criminal justice data center all orders of appointment or information from all orders of appointment as requested by the Hawaii criminal justice data center, which in turn shall forward the information to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check System database. The orders of appointment or information shall also be maintained by the Hawaii criminal justice data center for disclosure to and use by law enforcement officials for the purpose of firearms permitting or registration pursuant to chapter 134. This subsection shall apply to all orders appointing a guardian of an incapacitated person without regard to the date of the appointment. [L 2004, c 161, pt of §1; am L 2008, c 39, §5; am L 2016, c 19, §2]
HI Rev Stat § 560:5-312 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-312 Emergency guardian.

  §560:5-312 Emergency guardian. (a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed ninety days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court may appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other persons as the court directs.  (b) An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the court finds from affidavit or testimony that the respondent will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian without notice to the respondent, the respondent shall be given notice of the appointment within forty-eight hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within ten days after the appointment unless extended by order of the court.  (c) Appointment of an emergency guardian, with or without notice, shall not be deemed a determination of the respondent's incapacity.  (d) The court may remove an emergency guardian or modify the powers granted at any time. An emergency guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to an emergency guardian. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-313 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-313 Temporary substitute guardian.

  §560:5-313 Temporary substitute guardian. (a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward or the affected guardian and other interested persons, then the temporary substitute guardian, within five days after the appointment, shall inform them of the appointment.  (b) The court may remove a temporary substitute guardian or modify the powers granted at any time. A temporary substitute guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to a temporary substitute guardian. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-314 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-314 Duties of guardian

  §560:5-314 Duties of guardian. (a) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian at all times shall act in the ward's best interest and exercise reasonable care, diligence, and prudence.  (b) A guardian shall:  (1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health;  (2) Take reasonable care of the ward's personal effects and bring protective proceedings if necessary to protect the property of the ward;  (3) Expend money of the ward that has been received by the guardian, for the ward's current needs for support, care, education, health, and welfare;  (4) Conserve any excess money of the ward for the ward's future needs; provided that if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward's future needs;  (5) Immediately notify the court if the ward's condition has changed so that the ward is capable of exercising rights previously removed; and  (6) Inform the court of any change in the ward's custodial dwelling or address. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-315 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-315 Powers of guardian.

  §560:5-315 Powers of guardian. (a) Except as otherwise limited by the court, a guardian may:  (1) Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;  (2) If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling; provided that a guardian may only establish or move the ward's place of dwelling outside this State upon express authorization of the court;  (3) If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;  (4) Consent to medical or other care, treatment, or service for the ward;  (5) Consent to the marriage or divorce of the ward; and  (6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well being.  (b) The court may specifically authorize the guardian to consent to the adoption of the ward. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-316 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-316 Rights and immunities of guardian; limitations.

  §560:5-316 Rights and immunities of guardian; limitations. (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and clothing provided to the ward, as is approved by order of the court.  (b) A guardian is not:  (1) Legally obligated to use the guardian's personal funds for the ward's expenses;  (2) Unless otherwise provided in the contract, individually liable on a contract properly entered into in the guardian's representative capacity in the exercise of the duties and powers as guardian unless the guardian fails to reveal the guardian's capacity and the identity of the ward in the contract;  (3) Personally liable to a third person for acts of the ward solely by reason of the relationship; and  (4) Liable for injury to the ward resulting from the wrongful conduct of a third party that provides medical or other care, treatment, or service to the ward, if the guardian exercised reasonable care in choosing the third party.  (c) A guardian, without authorization of the court, shall not:  (1) Revoke any health care directions set forth in any medical directive or health care power of attorney of which the ward is the principal; provided that the appointment of a guardian shall automatically terminate the authority of any agent designated in the medical directive or health care power of attorney; or  (2) Restrict the personal communication rights of the ward, including the right to receive visitors, telephone calls, and personal mail, unless deemed by the guardian to pose a risk to the safety or well-being of the ward.  (d) A guardian shall not initiate the commitment of a ward to a mental health-care institution except in accordance with the State's procedure for involuntary civil commitment. [L 2004, c 161, pt of §1; am L 2016, c 89, §1]
HI Rev Stat § 560:5-317 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-317 Reports; monitoring of guardianship.

  §560:5-317 Reports; monitoring of guardianship. (a) Within thirty days after appointment, a guardian shall report to the court in writing on the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the court. The report shall state or contain:  (1) The current mental, physical, and social condition of the ward;  (2) The living arrangements for all addresses of the ward during the reporting period;  (3) The medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care;  (4) A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making;  (5) If the ward is institutionalized, whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest;  (6) Plans for future care; and  (7) A recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship.  (b) The court may appoint a kokua kanawai to review a report, interview the ward or guardian, and make any other investigation the court directs.  (c) The court shall establish a system for monitoring guardianships, including the filing and review of annual reports. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-318 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-318 Termination or modification of guardianship.

  §560:5-318 Termination or modification of guardianship. (a) A guardianship terminates upon the death of the ward or upon order of the court.  (b) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward's capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action.  (c) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward that apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination unless it is proven by clear and convincing evidence that continuation of the guardianship is in the best interest of the ward. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-402 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-402 Jurisdiction over business affairs of protected person.

  §560:5-402 Jurisdiction over business affairs of protected person. After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:  (1) Exclusive jurisdiction to determine the need for a conservatorship or other protective order;  (2) Exclusive jurisdiction to determine how the estate of the protected person, that is subject to the laws of this State, shall be managed, expended, or distributed to or for the use of the protected person, individuals who are in fact dependent upon the protected person, or other claimants; and  (3) Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning assets of the estate. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-404 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-404 Notice.

  §560:5-404 Notice. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order shall be served personally on the respondent if the respondent has attained fourteen years of age, but if the respondent's whereabouts is unknown or personal service cannot be made, service on the respondent shall be made by certified or registered mail or by publication pursuant to section 560:1-401(a)(3). The notice shall include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection precludes the court from granting the petition.  (b) In a proceeding to establish a conservatorship or for another protective order, notice of the hearing shall be given to the persons listed in the petition. Failure to give notice under this subsection does not preclude the appointment of a conservator or the making of another protective order.  (c) Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, together with a copy of the petition, shall be given to the protected person, if the protected person has attained fourteen years of age and is not missing, detained, or unable to return to the United States, any conservator of the protected person's estate, and any other person as ordered by the court.  (d) A conservator shall give notice of the filing of the conservator's inventory or report, together with a copy of the inventory or report to the protected person and any other person the court directs. The notice shall be delivered or sent within fourteen days after the filing of the inventory or report. [L 2004, c 161, pt of §1]
HI Rev Stat § 560:5-405 (2021)
2021 Hawaii Revised Statutes|Title 30A. Uniform Probate Code|560. Uniform Probate Code|560:5-405 Original petition; minors; preliminaries to hearing

  §560:5-405 Original petition; minors; preliminaries to hearing. (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained fourteen years of age.  (b) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the court may make orders to preserve and apply the property of the minor as may be required for the support of the minor or individuals who are in fact dependent upon the minor. The court may appoint a special conservator to assist in that task. [L 2004, c 161, pt of §1]