reglab/housing_qa huggingface dataset:
HI Rev Stat § 551-21 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-21 Small estates; clerk of the court to act when.

  §551-21 Small estates; clerk of the court to act when. Whenever so requested as provided in section 560:5-403, the court may appoint the clerk of the court of that circuit as conservator of the protected person whose estate is of a value of less than $10,000 who shall serve in such capacity, with the full powers of and under like obligations as other conservators appointed under this chapter and chapter 560, except that the clerk shall not be required to give any bond; nor shall the clerk be entitled to any commission or compensation except for expenses necessarily and actually incurred, nor shall the clerk or the protected person or the estate of the protected person be liable for any court costs arising out of the guardianship, except the actual cost of any advertising found necessary. The right of the clerk to act as the conservator shall not be affected by reason of any increase of the estate to an amount in excess of $10,000 as the result of any accumulations of income accruing from the original principal of the estate or by the increase in value of the principal; provided that if the estate reaches in value the sum of $16,250, a conservator shall then be appointed under the preceding sections of this chapter or the court, in its discretion, may allow the conservator appointed under this section to continue to act even though the total assets exceed $16,250. [L 1927, c 168, §1; RL 1935, §4854; am L 1939, c 119, §1; am L 1943, c 193, §2; RL 1945, §12504; am L 1947, c 96, §1; RL 1955, §338-5; am L 1965, c 6, §1; HRS §551-21; am L 1976, c 200, pt of §1; gen ch 1985; am L 1987, c 327, §1; am L 1998, c 44, §2; am L 2004, c 161, §17] Rules of Court  Small conservatorships, see HPR rule 112.
HI Rev Stat § 551-22 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-22 Estates less than $100.

  §551-22 Estates less than $100. When the whole estate of a person over the age of eighteen for whom a conservator could be appointed does not exceed the value of $100, the court, in its discretion, without the appointment of a conservator or the giving of bond, may authorize the deposit thereof in a depository authorized to receive fiduciary funds in the name of a suitable person designated by the court, or if the assets do not consist of money, authorize the delivery thereof to a suitable person designated by the court. The person receiving such money or other assets shall hold and dispose of the same in such manner as the court shall direct. [L 1965, c 6, §2; Supp, §338-5.5; HRS §551-22; am L 1976, c 200, pt of §1; am L 1977, c 144, §55; am L 2004, c 161, §18]
HI Rev Stat § 551-35 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551. Guardians and Wards|551-35 Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings.

  §551-35 Natural guardian and conservator of person alleged to be incapacitated or in need of protective proceedings. The father and mother of an incapacitated or protected person are jointly and severally the person's natural guardians and conservators. They shall have equal powers and duties with respect to the person and neither shall have any right superior to that of the other concerning the person's custody or control or any other matter affecting the person; provided that if either parent dies or abandons the family or is incapable for any reason to act as guardian or conservator, or both, the guardianship or conservatorship, or both, devolves or devolve upon the other parent, and that when the parents live apart, the court may award the guardianship or conservatorship to either of them, having special regard to the interests of the incompetent adult person. [L 1957, c 173, §1; am L Sp 1959 2d, c 1, §20; Supp, §338-9.5; HRS §551-35; am L 1976, c 200, pt of §1; am L 2004, c 161, §19]
HI Rev Stat § 551A-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-1 Office of public guardian; establishment; appointment.

  §551A-1 Office of public guardian; establishment; appointment. There is established the office of the public guardian in the judiciary. The chief justice shall appoint the public guardian, who shall serve at the chief justice's pleasure. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-2 Powers and duties.

  §551A-2 Powers and duties. (a) The public guardian shall serve as guardian, limited guardian, testamentary guardian, emergency guardian, or temporary substitute guardian of an incapacitated person when so appointed by the family court or by the circuit court under chapter 560. Notwithstanding section 560:5-304, the public guardian may not file a petition for the public guardian's own appointment. Petitions for public guardianship may be filed by any person, agency, or facility responsible for the support or care of individuals who:  (1) Are not able to understand or adequately participate in decisions concerning their care; and  (2) Have no relatives or friends willing and able to act as a guardian.  (b) The public guardian shall have the same powers and duties as a private guardian. In addition, if there is no conservatorship in effect for a ward, the court may authorize the public guardian to:  (1) Request and obtain copies of any and all of the ward's financial information, records, and documents, including but not limited to account statements, deposit and withdrawal records, and canceled or returned checks, from any and all savings accounts, checking accounts, safe deposit box accounts, retirement or pension accounts, investment accounts, insurance accounts, annuity accounts, credit card accounts, and all other accounts held in the name of the ward; and  (2) Transact business or take necessary action as to the accounts in paragraph (1); provided that if a conservatorship comes into effect for the ward, the public guardian shall not have and shall not exercise the powers in paragraphs (1) and (2) that have been granted to the conservator, for the duration of the conservatorship.  (c) The public guardian shall assist the court, as the court may request or direct, in proceedings for the appointment of a guardian and in the supervision of persons, corporations, or agencies which have been appointed as guardians.  (d) The public guardian shall advise and assist persons, corporations, and agencies which are seeking appointment as a guardian for an incapacitated person. The public guardian shall also provide advice, information, and guidance to the persons, corporations, or agencies who have been appointed as guardian to assist them in the discharge of their duties.  (e) The public guardian may offer guidance and counsel, without court appointment as guardian, to those persons who request such assistance or to those on whose behalf it is requested for the purpose of encouraging maximum self-reliance and independence of such persons and avoiding the need for appointment of a guardian.  (f) The public guardian shall develop programs of public education on guardianship and alternatives to guardianship and encourage the development of private guardians able and willing to serve as guardian. [L 1984, c 223, pt of §1; am L 1986, c 158, §1; am L 2004, c 161, §20; am L 2005, c 22, §36; am L 2015, c 141, §1]
HI Rev Stat § 551A-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-3 When not appointed.

  §551A-3 When not appointed. The public guardian shall not be appointed if another suitable guardian is available and willing to accept the guardianship appointment, unless the court finds that the best interests of the ward would be better served by the appointment of the public guardian. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-4 Court costs.

  §551A-4 Court costs. In any proceeding for appointment of a public guardian, the court may waive any court costs or filing fees. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-5 Fees for services; when not allowed.

  §551A-5 Fees for services; when not allowed. (a) The public guardian may receive such reasonable fees for services as public guardian as the court allows.   (b) No fees shall be allowed which would unreasonably diminish the ward's estate so as to endanger the ward's financial independence, and no fees shall be allowed when the ward's primary source of support derives from public funds.   (c) Any fees received under this section by the public guardian shall be deposited in the state general fund.   (d) No fees shall accrue to the individual benefit of the public guardian. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-6 Rules.

  §551A-6 Rules. The public guardian shall make such rules as may be necessary to carry out its duties. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-7 Annual report.

  §551A-7 Annual report. The public guardian shall prepare and submit an annual report to the chief justice and render such other reports as the chief justice may from time to time require. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-8 Funding.

  §551A-8 Funding. Funding for the office of the public guardian shall be included in the budget of the judiciary. [L 1984, c 223, pt of §1]
HI Rev Stat § 551A-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551A. Office of the Public Guardian|551A-9 Contracts.

  §551A-9 Contracts. The public guardian may make and enter into contracts, and generally do all such things as in its judgment may be necessary, proper, and expedient in accomplishing its duties. [L 1984, c 223, pt of §1]
HI Rev Stat § 551E-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-2 Applicability.

  §551E-2 Applicability. This chapter shall apply to all powers of attorney except:  (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;  (2) A power to make health care decisions;  (3) A power created by a legal parent or legal guardian placing the care of a minor or a disabled adult under another person;  (4) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and  (5) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-3 Power of attorney.

  §551E-3 Power of attorney. (a) A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.  (b) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.  (c) A power of attorney executed in Hawaii on or after January 1, 2015, is valid if its execution complied with the law of this State as it existed at the time of execution.  (d) A power of attorney executed outside of Hawaii is valid in this State if, when the power of attorney was executed, the execution complied with:  (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to subsection (f); or  (2) The requirements for a military power of attorney pursuant to title 10 United States Code section 1044b, as amended.  (e) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original.  (f) The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-4 Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

  §551E-4 Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. (a) In a power of attorney, a principal may nominate a conservator or guardian of the principal's estate, or conservator or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.  (b) If, after a principal executes a power of attorney, a court appoints a guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent shall be accountable to the fiduciary as well as to the principal. The power of attorney shall not be terminated and the agent's authority shall continue unless limited, suspended, or terminated by the court. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-5 Effective date of power of attorney.

  §551E-5 Effective date of power of attorney. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.  (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.  (c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:  (1) A physician or licensed psychologist that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or  (2) An attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated.  (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 through 1179 of the Social Security Act, title 42 United States Code section 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-6 Termination of power of attorney or agent's authority.

  §551E-6 Termination of power of attorney or agent's authority. (a) A power of attorney terminates when:  (1) The principal dies;  (2) The principal becomes incapacitated, if the power of attorney is not durable;  (3) The principal revokes the power of attorney;  (4) The power of attorney provides that it terminates;  (5) The purpose of the power of attorney is accomplished; or  (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.  (b) An agent's authority terminates when:  (1) The principal revokes the authority;  (2) The agent dies, becomes incapacitated, or resigns;  (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or  (4) The power of attorney terminates.  (c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.  (d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.  (e) Incapacity of the principal of a power of attorney that is not durable shall not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.  (f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-7 Co-agents and successor agents.

  §551E-7 Co-agents and successor agents. (a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.  (b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:  (1) Has the same authority as that granted to the original agent; and  (2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.  (c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, shall not be liable for the actions of the other agent.  (d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection shall be liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. An agent that breaches a fiduciary duty remains liable for the full amount of damages caused by the breach. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-8 Reimbursement and compensation of agent.

  §551E-8 Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent shall be entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-9 Agent's acceptance.

  §551E-9 Agent's acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-11 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-11 Exoneration of agent.

  §551E-11 Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal's successors in interest except to the extent the provision:  (1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or  (2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-12 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-12 Judicial relief.

  §551E-12 Judicial relief. (a) The following persons may petition a court to construe a power of attorney or review the agent's conduct, and grant appropriate relief:  (1) The principal or the agent;  (2) A guardian, conservator, or other fiduciary acting for the principal;  (3) A person authorized to make health care decisions for the principal;  (4) The principal's spouse, parent, or descendant;  (5) An individual who would qualify as a presumptive heir of the principal;  (6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;  (7) A governmental agency having regulatory authority to protect the welfare of the principal;  (8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and  (9) A person asked to accept the power of attorney.  (b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. [L 2014, c 22, pt of §1]
HI Rev Stat § 551E-13 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|551E. Uniform Power of Attorney Act|551E-13 Agent's liability.

 §551E-13 Agent's liability. An agent that violates this chapter shall be liable to the principal or the principal's successors in interest for the amount required to:  (1) Restore the value of the principal's property to what it would have been had the violation not occurred; and  (2) Reimburse the principal or the principal's successors in interest for the attorney's fees and costs paid on the agent's behalf. [L 2014, c 22, pt of §1]