reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-40 Insurance and annuities.

§551E-40 Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities shall authorize the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise; compromise or contest; and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-41 Estates, trusts, and other beneficial interests.

§551E-41 Estates, trusts, and other beneficial interests.
(a) In this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests shall authorize the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;
(2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) Conserve, invest, disburse, or use anything received for an authorized purpose;
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and
(8) Reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-42 Claims and litigation.

§551E-42 Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation shall authorize the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or another thing of value paid in settlement of or as proceeds of a claim or litigation. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-43 Personal and family maintenance.

§551E-43 Personal and family maintenance.
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to:
(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(A) The principal's children;
(B) Other individuals legally entitled to be supported by the principal; and
(C) The individuals whom the principal has customarily supported or indicated the intent to support;
(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(3) Provide living quarters for the individuals described in paragraph (1) by:
(A) Purchase, lease, or other contract; or
(B) Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(4) Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);
(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);
(6) 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, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this State to consent to health care on behalf of the principal;
(7) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);
(8) Maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and
(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance shall be neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-44 Benefits from governmental programs or civil or military service.

§551E-44 Benefits from governmental programs or civil or military service.
(a) In this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, medicare, and medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service shall authorize the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in [section] 551E-43(a)(1), and for shipment of their household effects;
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(6) Receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-45 Retirement plans.

§551E-45 Retirement plans.
(a) In this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code of 1986, as amended:
(1) An individual retirement account under Internal Revenue Code section 408, title 26 United States Code section 408, as amended;
(2) A Roth individual retirement account under Internal Revenue Code section 408A, title 26 United States Code section 408A, as amended;
(3) A deemed individual retirement account under Internal Revenue Code section 408(q), title 26 United States Code section 408(q), as amended;
(4) An annuity or mutual fund custodial account under Internal Revenue Code section 403(b), title 26 United States Code section 403(b), as amended;
(5) A pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code section 401(a), title 26 United States Code section 401(a), as amended;
(6) A plan under Internal Revenue Code section 457(b), title 26 United States Code section 457(b), as amended; and
(7) A nonqualified deferred compensation plan under Internal Revenue Code section 409A, title 26 United States Code section 409A, as amended.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans shall authorize the agent to:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3) Establish a retirement plan in the principal's name;
(4) Make contributions to a retirement plan;
(5) Exercise investment powers available under a retirement plan; and
(6) Borrow from, sell assets to, or purchase assets from a retirement plan. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-46 Taxes.

§551E-46 Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes shall authorize the agent to:
(1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code section 2032A, [title 26] United States Code section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-47 Gifts.

§551E-47 Gifts.
(a) In this section, a gift "for the benefit of" a person includes a gift to a trust, an account under chapter 553A, the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code section 529, [title 26] United States Code section 529, as amended.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts shall authorize the agent only to:
(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code section 2503(b), title 26 United States Code section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code section 2513, title 26 United States Code section 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) Consent, pursuant to Internal Revenue Code section 2513, title 26 United States Code section 2513, as amended, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(1) The value and nature of the principal's property;
(2) The principal's foreseeable obligations and need for maintenance;
(3) Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;
(4) Eligibility for a benefit, a program, or assistance under a statute or regulation; and
(5) The principal's personal history of making or joining in making gifts. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-52 Agent's certification.

§551E-52 Agent's certification.
The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of ___________________________________________
County of _________________________________
I,_______________________________ (Name of Agent), certify under penalty of perjury that
_____________________________________ (Name of Principal)
granted me authority as an agent or successor agent in a power of attorney dated_______________________ .
I further certify that to my knowledge:
(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)_ ____________________________________________________
____ ____________________________________________________
____ ____________________________________________________
_________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_________________________________ __________________
Agent's Signature Date
_________________________________________________________
Agent's Name Printed
_________________________________________________________
Agent's Address
_________________________________________________________
Agent's Telephone Number
This document was acknowledged before me on
________________________________ ,
(Date)
by______________________________________.
(Name of Agent)
_________________________________ (Seal, if any)
Signature of Notary
My commission expires: _________________________
This document prepared by:
_________________________________________________________
[L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-61 Uniformity of application and construction.

§551E-61 Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-62 Relation to Electronic Signatures in Global and National Commerce Act.

§551E-62 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, title 15 United States Code section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, title 15 United States Code section 7003(b). [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551E. Uniform Power of Attorney Act › 551E-63 Effect on existing powers of attorney.

§551E-63 Effect on existing powers of attorney.
Except as otherwise provided in this chapter, on [April 17, 2014]:
(1) This chapter shall apply to a power of attorney created before, on, or after [April 17, 2014];
(2) This chapter shall apply to a judicial proceeding concerning a power of attorney commenced on or after [April 17, 2014];
(3) This chapter shall apply to a judicial proceeding concerning a power of attorney commenced before [April 17, 2014], unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision shall not apply and the superseded law shall apply; and
(4) An act done before [April 17, 2014,] shall not be affected by this chapter. [L 2014, c 22, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-2 Definitions.

§551G-2 Definitions.
When used in this chapter, unless the context requires otherwise:
"Adult" means an individual who has attained eighteen years of age.
"Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under chapter 551 or 560.
"Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 551 or 560.
"Guardianship order" means an order appointing a guardian.
"Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
"Incapacitated person" means an adult for whom a guardian has been appointed.
"Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
"Person" except in the terms "incapacitated person" or "protected person", means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Protected person" means an adult for whom a protective order has been issued.
"Protective order" means an order appointing a conservator or other order related to management of an adult's property.
"Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-3 International application.

§551G-3 International application.
A court of the State of Hawaii may treat a foreign country as if it were a state for the purpose of applying this part and parts II, III, and IV. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-4 Communication between courts.

§551G-4 Communication between courts.
(a) A court of the State of Hawaii may communicate with a court in another state concerning a proceeding arising under this chapter. Either court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-5 Cooperation between courts.

§551G-5 Cooperation between courts.
(a) In a guardianship or protective proceeding in the State of Hawaii, the court may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in the other state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the court of the State of Hawaii a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4);
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations section 160.103, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of the State of Hawaii has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-6 Taking testimony in another state.

§551G-6 Taking testimony in another state.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the State of Hawaii for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court of the State of Hawaii may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of the State of Hawaii shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of the State of Hawaii by technological means that do not produce an original writing may not be excluded from evidence on an objection based on Rule 1002 of the Hawaii Rules of Evidence. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-11 Definitions; significant factors.

§551G-11 Definitions; significant factors.
(a) For purposes of this part:
"Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
"Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
"Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under sections 551G-13 and 551G-21(e) whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property; and
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-12 Exclusive basis.

§551G-12 Exclusive basis.
This part provides the exclusive jurisdictional basis for a court of the State of Hawaii to appoint a guardian or issue a protective order for an adult. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-13 Jurisdiction.

§551G-13 Jurisdiction.
A court of the State of Hawaii has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) The State of Hawaii is the respondent's home state;
(2) On the date the petition is filed, the State of Hawaii is considered to be a significant-connection state and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because the State of Hawaii is a more appropriate forum; or
(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court of the State of Hawaii concludes that it is an appropriate forum under the factors set forth in section 551G-16;
(3) The State of Hawaii does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because forum and jurisdiction is more appropriate in the State of Hawaii and would be consistent with the United States Constitution and Hawaii state constitution; or
(4) The requirements for special jurisdiction under section 551G-14 are met. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-14 Special jurisdiction.

§551G-14 Special jurisdiction.
(a) A court of the State of Hawaii, while lacking jurisdiction under section 551G-13(1) through (3), shall have special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in the State of Hawaii;
(2) Issue a protective order with respect to real or tangible personal property located in the State of Hawaii; or
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 551G-21.
(b) If a petition for the appointment of a guardian in an emergency is brought in the State of Hawaii and the State of Hawaii was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-15 Exclusive and continuing jurisdiction.

§551G-15 Exclusive and continuing jurisdiction.
Except as otherwise provided in section 551G-14, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-16 Appropriate forum.

§551G-16 Appropriate forum.
(a) A court of the State of Hawaii having jurisdiction under section 551G-13 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of the State of Hawaii declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of a state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-17 Jurisdiction declined by reason of conduct.

§551G-17 Jurisdiction declined by reason of conduct.
(a) If at any time a court of the State of Hawaii determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in section 551G-16(c); and
(C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 551G-13.
(b) If a court of the State of Hawaii determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against the State of Hawaii or a governmental subdivision, agency, or instrumentality of the State of Hawaii unless authorized by law other than this chapter. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-18 Notice of proceeding.

§551G-18 Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in the State of Hawaii and it was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of the State of Hawaii, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in the State of Hawaii. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-19 Proceedings in more than one state.

§551G-19 Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the State of Hawaii under section 551G-14(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the State of Hawaii and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(1) If the court of the State of Hawaii has jurisdiction under section 551G-13, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 551G-13 before the appointment or issuance of the order; and
(2) If the court of the State of Hawaii does not have jurisdiction under section 551G-13, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court of the State of Hawaii shall dismiss the petition unless the court in the other state determines that the court of the State of Hawaii is a more appropriate forum. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-21 Transfer of guardianship or conservatorship to another state.

§551G-21 Transfer of guardianship or conservatorship to another state.
(a) A guardian or conservator appointed in the State of Hawaii may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) shall be given to the persons that would be entitled to notice of a petition in the State of Hawaii for the appointment of a guardian or conservator.
(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 petition, 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 to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 551G-11(b);
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) Adequate arrangements will be made for management of the protected person's property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order from the court to which the proceeding is to be transferred that accepts the proceeding and is issued under provisions similar to section 551G-22; and
(2) The documents required to terminate a guardianship or conservatorship in the State of Hawaii. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-22 Accepting guardianship or conservatorship transferred from another state.

§551G-22 Accepting guardianship or conservatorship transferred from another state.
(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]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-31 Registration of guardianship orders.

§551G-31 Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the State of Hawaii, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the State of Hawaii by filing as a foreign judgment in a court, in any appropriate judicial circuit of the State of Hawaii, certified copies of the order and letters of office. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-32 Registration of protective orders.

§551G-32 Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in the State of Hawaii, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in the State of Hawaii by filing as a foreign judgment in a court of the State of Hawaii, in any judicial circuit in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. [L 2012, c 236, pt of §1]
2023 Hawaii Revised Statutes › Title 30. Guardians and Trustees › 551G. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › 551G-33 Effect of registration.

§551G-33 Effect of registration.
(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the State of Hawaii all powers authorized in the order of appointment except as prohibited under the laws of the State of Hawaii, including maintaining actions and proceedings in the State of Hawaii and, if the guardian or conservator is not a resident of Hawaii, subject to any conditions imposed upon nonresident parties.
(b) A court of the State of Hawaii may grant any relief available under this chapter and other law of the State of Hawaii to enforce a registered order. [L 2012, c 236, pt of §1]