reglab/statecodes huggingface dataset:
2023 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]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-407 Confidentiality of records.

§560:5-407 Confidentiality of records.
The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but shall be available to:
(1) The court;
(2) The respondent without limitation as to use;
(3) The petitioner, the kokua kanawai, any nominated conservator, and the petitioner's, nominated conservator'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, §7]
Rules of Court
Confidentiality of records, see HPR rule 113.1.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-408 Original petition; procedure at hearing.

§560:5-408 Original petition; procedure at hearing.
(a) Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend 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 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]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-409 Original petition; orders.

§560:5-409 Original petition; orders.
(a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropriate protective order.
(b) If a proceeding is brought for reasons other than that the respondent is a minor, after a hearing on the petition, upon finding that a basis exists for a conservatorship or other protective order, the court shall make the least restrictive order consistent with its findings. The court shall make orders necessitated by the protected person's limitations and demonstrated needs, including appointive and other orders that will encourage the development of maximum self-reliance and independence of the protected person.
(c) Within fourteen days after entry of the order of appointment, the conservator shall deliver or send a copy of the order of appointment, together with a statement of the right to seek termination or modification, 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, and to all other persons given notice of the petition; provided that, for good cause shown, the court may extend time for the order and statement to be sent or delivered to the protected person, or otherwise modify or waive that requirement.
(d) The appointment of a conservator or the entry of another protective order shall not be deemed a determination of incapacity of the protected person under part 3. [L 2004, c 161, pt of §1; am L 2005, c 22, §37; am L 2008, c 39, §8]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-410 Powers of court

§560:5-410 Powers of court
. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court shall have the following powers which may be exercised directly or through a conservator:
(1) With respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor which may be necessary for the best interest of the minor and members of the minor's immediate family; and
(2) With respect to an adult, or to a minor for reasons other than age, for the benefit of the protected person and individuals who are in fact dependent on the protected person for support, all the powers over the estate and business affairs of the protected person that the person could exercise if the person were an adult, present, and not under conservatorship or other protective order.
(b) Subject to section 560:5-110 requiring endorsement of limitations on the letters of office, the court may limit at any time the powers of a conservator otherwise conferred and may remove or modify any limitation. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-411 Required court approval.

§560:5-411 Required court approval.
(a) After notice to interested persons and upon express authorization of the court, a conservator may:
(1) Make gifts, except as otherwise provided in section 560:5-427(b);
(2) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;
(3) Exercise or release a power of appointment;
(4) Create a revocable or irrevocable trust of property of the estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;
(5) Exercise rights to elect options and change beneficiaries under retirement plans, insurance policies and annuities, or surrender the policies and annuities for their cash value;
(6) Exercise any right to an elective share in the estate of the protected person's deceased spouse or reciprocal beneficiary and to renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos; and
(7) Make, amend, or revoke the protected person's will.
(b) A conservator, in making, amending, or revoking the protected person's will, shall comply with state laws for executing wills.
(c) The court, in exercising or in approving a conservator's exercise of the powers listed in subsection (a), shall consider primarily the decision that the protected person would have made, to the extent that the decision can be ascertained. The court shall also consider:
(1) The financial needs of the protected person and the needs of individuals who are in fact dependent on the protected person for support and the interest of creditors;
(2) Possible reduction of income, estate, inheritance, or other tax liabilities;
(3) Eligibility for governmental assistance;
(4) The protected person's previous pattern of giving or level of support;
(5) The existing estate plan;
(6) The protected person's life expectancy and the probability that the conservatorship will terminate before the protected person's death; and
(7) Any other factors the court considers relevant. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-412 Protective arrangements and single transactions.

§560:5-412 Protective arrangements and single transactions.
(a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may:
(1) Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including:
(A) Payment, delivery, deposit, or retention of funds or property;
(B) Sale, mortgage, lease, or other transfer of property;
(C) Purchase of an annuity;
(D) Making a contract for life care, deposit contract, or contract for training and education; or
(E) Addition to or establishment of a suitable trust, including a trust created under chapter 554B; and
(2) Authorize, direct, or ratify any other contract, trust, will, or transaction relating to the protected person's property and business affairs, including a settlement of a claim, upon determining that it is in the best interest of the protected person.
(b) In deciding whether to approve a protective arrangement or other transaction under this section, the court shall consider the factors described in section 560:5-411(c).
(c) The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section. The special conservator shall have the authority conferred by the order and shall serve until discharged by order after reporting to the court. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-413 Who may be conservator; priorities.

§560:5-413 Who may be conservator; priorities.
(a) Except as otherwise provided in subsection (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority:
(1) A conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
(2) A person nominated as conservator by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if the respondent has attained fourteen years of age and at the time of the nomination had sufficient capacity to express a preference;
(3) An agent appointed by the respondent to manage the respondent's property under a durable power of attorney;
(4) The spouse or reciprocal beneficiary of the respondent;
(5) An adult child of the respondent;
(6) A parent of the respondent; and
(7) An adult with whom the respondent has resided for more than six months before the filing of the petition.
(b) A person having priority under subsection (a)(1), (4), (5), or (6) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute.
(c) 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 protected person, may decline to appoint a person having priority and appoint a person having a lower priority or no priority.
(d) An owner, operator, or employee of a long-term care institution at which the respondent is receiving care shall not be appointed as conservator unless related to the respondent by blood, marriage, adoption, or otherwise ordered by the court. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-414 Petition for order subsequent to appointment.

§560:5-414 Petition for order subsequent to appointment.
(a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order:
(1) Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral;
(2) Requiring an accounting for the administration of the protected person's estate;
(3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator;
(5) Modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or
(6) Granting other appropriate relief.
(b) A conservator may petition the appointing court for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing the petition, the court may give appropriate instructions and make any appropriate order. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-415 Bond.

§560:5-415 Bond.
The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the court, the cost of the bond shall be charged to the protected person's estate and
the bond shall be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of assets deposited under arrangements requiring an order of the court for their removal and the value of any real property that the fiduciary, by express limitation, lacks power to sell or convey without court authorization. The court, in place of sureties on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-416 Terms and requirements of bond.

§560:5-416 Terms and requirements of bond.
(a) The following rules apply to any bond required:
(1) Sureties and the conservator are jointly and severally liable;
(2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding shall be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner;
(3) On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator; and
(4) The bond of the conservator may be proceeded against until liability under the bond is exhausted.
(b) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-417 Compensation and expenses.

§560:5-417 Compensation and expenses.
If not otherwise compensated for services rendered, a guardian, conservator, physician,
lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person's estate, or any person appointed by the court is entitled to reasonable compensation from the estate, even if no guardian or conservator is appointed. Compensation may be paid and expenses reimbursed without court order. If the court or the family court determines that the compensation is excessive or the expenses are inappropriate, the excessive or inappropriate amount shall be repaid to the estate. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-418 General duties of conservator

§560:5-418 General duties of conservator
. (a) A conservator, in relation to powers conferred by this article or implicit in the title acquired by virtue of the proceeding, shall be a fiduciary and shall observe the standards of care applicable to a trustee.
(b) A conservator may exercise authority only as necessitated by the limitations of the protected person, and to the extent possible, shall encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate and business affairs.
(c) In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator and may examine the will and any other donative, nominative, or other appointive instrument of the person. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-419 Inventory; records.

§560:5-419 Inventory; records.
(a) Within sixty days after entry of the order of appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.
(b) A conservator shall keep records of the administration of the estate and make them available for examination and copying on reasonable request of an interested person. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-420 Reports; appointment of kokua kanawai.

§560:5-420 Reports; appointment of kokua kanawai.
(a) A conservator shall file a petition for approval of accounts and
report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the court directs. An order allowing an intermediate report of a conservator adjudicates liabilities concerning the matters adequately disclosed in the accounting. An order allowing a final report adjudicates all previously unsettled liabilities relating to the conservatorship, and, subject to appeal and subject to vacation, is final as to all persons with respect to all issues concerning the estate that the court considered or might have considered.
(b) A report shall include:
(1) A list of the assets of the estate under the conservator's control and a list of the receipts, disbursements, and distributions during the period for which the report is made;
(2) A list of the services provided to the protected person; and
(3) Any recommended changes in the budget for the conservatorship as well as a recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship.
(c) The court may appoint a kokua kanawai to review a report or budget, interview the protected person or conservator, and make any other investigation the court directs. In connection with a report, the court may order a conservator to submit the assets of the estate to an appropriate examination to be made in a manner the court directs. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-421 Title by appointment.

§560:5-421 Title by appointment.
(a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired, including title to any property held for the protected person by custodians or attorneys-in-fact. An order vesting title in the conservator to only a part of the property of the protected person creates a conservatorship limited to assets specified in the order.
(b) Letters of conservatorship are evidence of vesting title of the protected person's assets in the conservator. An order terminating a conservatorship transfers title to assets remaining subject to the conservatorship, including any described in the order, to the formerly protected person or the person's successors.
(c) Subject to the requirements of other laws governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give notice of title as between the conservator and the protected person.
(d) Except as limited in the appointing order, a conservator has the authority to continue, modify, or revoke any financial power of attorney previously created by the protected person.
(e) Upon notice of the appointment of a conservator, all agents acting under a previously created power of attorney by the protected person shall:
(1) Take no further actions without the direct written authorization of the conservator;
(2) Promptly report to the conservator as to any action taken under the power of attorney; and
(3) Promptly account to the conservator for all actions taken under the power of attorney.
(f) Nothing in this section shall be construed to affect previously created medical decision-making authority. Any agent violating this section shall be liable to the protected person's estate for all costs incurred in attempting to obtain compliance, including, but not limited to reasonable conservator and attorney fees and costs. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-422 Protected person's interest inalienable.

§560:5-422 Protected person's interest inalienable.
(a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ineffective to affect property rights, may give rise to a claim against the protected person for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in section 560:5-429.
(b) Property vested in a conservator by appointment and the interest of the protected person in that property are not subject to levy, garnishment, or similar process for claims against the protected person unless allowed under section 560:5-429.
(c) A person without knowledge of the conservatorship who in good faith and for security or substantially equivalent value receives delivery from a protected person of tangible personal property of a type normally transferred by delivery of possession, is protected as if the protected person or transferee had valid title.
(d) A third party who deals with the protected person with respect to property vested in a conservator is entitled to any protection provided in other law. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-423 Sale, encumbrance, or other transaction involving conflict of interest.

§560:5-423 Sale, encumbrance, or other transaction involving conflict of interest.
Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly authorized by the court after notice to interested persons. A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, the spouse or reciprocal beneficiary, descendant, agent, or lawyer of a conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-424 Protection of person dealing with conservator.

§560:5-424 Protection of person dealing with conservator.
(a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under
section 560:5-410 or 560:5-411 is protected as though the conservator properly exercised the power. That a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of the exercise, but restrictions on powers of conservators that are endorsed on letters as provided in section 560:5-110 are effective as to third persons. A person who pays or delivers assets to a conservator is not responsible for their proper application.
(b) Protection provided by this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters and is not a substitute for protection provided to persons assisting or dealing with a conservator by comparable provisions in other law relating to commercial transactions or to simplifying transfers of securities by fiduciaries. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-426 Delegation.

§560:5-426 Delegation.
(a) A conservator shall not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances.
(b) The conservator shall exercise reasonable care, skill, and caution in:
(1) Selecting an agent;
(2) Establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship;
(3) Periodically reviewing an agent's overall performance and compliance with the terms of the delegation; and
(4) Redressing an action or decision of an agent that would constitute a breach of trust if performed by the conservator.
(c) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate or to the protected person's successors for the decisions or actions of the agent to whom a function was delegated.
(d) In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation.
(e) By accepting a delegation from a conservator subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-427 Principles of distribution by conservator.

§560:5-427 Principles of distribution by conservator.
(a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the protected person without further court authorization or confirmation for the support, care, education, health, and welfare of the protected person and individuals who are in fact dependent on the protected person, including the payment of child or spousal support, in accordance with the following rules:
(1) A conservator shall consider recommendations relating to the appropriate standard of support, care, education, health, and welfare for the protected person or an individual who is in fact dependent on the protected person made by a guardian, if any, and, if the protected person is a minor, the conservator shall consider recommendations made by a parent;
(2) A conservator may not be surcharged for money paid to persons furnishing support, care, education, or benefit to a protected person, or an individual who is in fact dependent on the protected person, in accordance with the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are not in the best interest of the protected person;
(3) In making distributions under this subsection, the conservator shall consider:
(A) The size of the estate, the estimated duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully self-sufficient and able to manage the protected person's own business affairs and the estate;
(B) The accustomed standard of living of the protected person and individuals who are in fact dependent on the protected person; and
(C) Other money or sources used for the support of the protected person; and
(4) Money expended under this subsection may be paid by the conservator to any person, including the protected person, as reimbursement for expenditures that the conservator may have made, or in advance for services to be rendered to the protected person if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances.
(b) If an estate is ample to provide for the distributions authorized by subsection (a), a conservator for a protected person other than a minor may make gifts that the protected person may have been expected to make, in amounts that do not exceed, in the aggregate, for any calendar year twenty per cent of the income of the estate in that year. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-428 Death of protected person

§560:5-428 Death of protected person
. If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the conservator's possession to a person able to secure its probate or, if none is known, deposit the will with an appropriate court. The conservator shall inform the personal representative or beneficiary named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it. A person who knowingly and wilfully fails to so deliver or deposit a will is liable to any person aggrieved for any damages that may be sustained by the failure, and the court may award treble damages. A person who wilfully refuses to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court. Proceedings under this section shall be brought in the probate proceeding relating to the will. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-430 Personal liability of conservator.

§
560:5-430 Personal liability of conservator.
(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate.
(b) A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault.
(c) Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor.
(d) A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or in another appropriate proceeding or action.
(e) A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of an acquisition of title under section 560:5-421. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-431 Termination of proceedings.

§560:5-431 Termination of proceedings.
(a) A conservatorship terminates upon the death of the protected person or upon order of the court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the protected person attains majority or is emancipated.
(b) Within sixty days of the death of the protected person, the attainment of majority by a minor, or upon order of the court, the conservator shall file a final report and petition for discharge.
(c) On petition of a protected person, a conservator, or another person interested in a protected person's welfare, the court may terminate the conservatorship if the protected person no longer needs the assistance or protection of a conservator. Termination of the conservatorship does not affect a conservator's liability for previous acts or the obligation to account for funds and assets of the protected person.
(d) Except as otherwise ordered by the court for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the protected person that apply to a petition for conservatorship. Upon the establishment of a prima facie case for termination, the court shall order termination unless it is proved that continuation of the conservatorship is in the best interest of the protected person.
(e) Upon termination of a conservatorship and whether or not formally distributed by the conservator, title to assets of the estate passes to the formerly protected person or the person's successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer of title or confirm a distribution previously made and to file a final report and a petition for discharge upon approval of the final report.
(f) The court shall enter a final order of discharge upon the approval of the final report and satisfaction by the conservator of any other conditions placed by the court on the conservator's discharge. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.

§560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.
(a) A person who is indebted to, or has the possession of tangible or intangible property of a protected person, may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the state of residence of the protected person. Payment or delivery shall be made only upon proof of appointment and presentation of an affidavit made by or on behalf of the fiduciary stating that a protective proceeding relating to the protected person is not pending in this State and the foreign fiduciary is entitled to payment or to receive delivery.
(b) Payment or delivery in accordance with subsection (a) discharges the debtor or possessor, absent knowledge of any protective proceeding pending in this State. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-433 Foreign conservator; proof of authority; bond; powers.

§560:5-433 Foreign conservator; proof of authority; bond; powers.
If a conservator has not been appointed in this State and a petition in a protective proceeding is not pending in this State, a conservator appointed in the state in which the protected person resides may file in a court of this State, in a circuit in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in this State as to property in this State and may maintain actions and proceedings in this State subject to any conditions otherwise imposed upon nonresident parties. [L 2004, c 161, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-501, 560:5-502 REPEALED.

§ §560:5-501, 560:5-502 REPEALED.
L 1989, c 270, §2.
Cross References
Uniform power of attorney act, see chapter 551E.
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-601 Definitions.

§560:5-601 Definitions.
As used in this part:
"Adult" means an individual who has attained the age of eighteen years.
"Court" means any duly constituted court.
"Incapacitated person" means a person as defined in section 560:5-102.
"Informed assent" means a process by which a ward who lacks the legal capacity to consent to sterilization is given a fair opportunity to acknowledge the nature, risks, and consequences of the procedure and, insofar as the ward is able to, indicates willingness and choice to undergo sterilization.
"Interested person" means an interested, responsible adult, including but not limited to a public official, the legal guardian, spouse or reciprocal beneficiary, parent, legal counsel, adult child, or next of kin of a person allegedly mentally ill, mentally deficient, or as otherwise provided in this chapter.
"Judge" means any judge of the family court or per diem judge appointed by the chief justice as provided in section 604-2.
"Licensed physician" means any person who is licensed to practice medicine or osteopathic medicine in Hawaii under chapter 453.
"Records" include, but is not limited to, all written clinical information, observations and reports, or fiscal documents relating to a ward who has undergone or is about to undergo sterilization and which is related to the sterilization.
"Sterilization" means any medical or surgical operation or procedure which can be expected to result in a patient's permanent inability to reproduce.
"Ward" means an incapacitated person for whom a guardian has been appointed and who, because of the terms of the appointment of the guardian, lacks the legal power to consent to sterilization. [L 1986, c 81, pt of §2; am L 1989, c 130, §3; am L 1997, c 383, §19; am L 2004, c 161, §28; am L 2005, c 22, §38; am L 2009, c 11, §66]
Revision Note
In definition of "judge", "604-2" substituted for "604-1".
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-602 Sterilization of wards.

§560:5-602 Sterilization of wards.
Persons who are wards and who have attained the age of eighteen years have the legal right to be sterilized when at least thirty days, but not more than one hundred eighty days, have passed following the entry of an order providing for sterilization. In no event, however, shall wards be sterilized without court approval in accordance with this part unless sterilization occurs as part of emergency medical treatment. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-603 Initiation of proceeding.

§560:5-603 Initiation of proceeding.
The ward or any interested person may file a petition with the family court, in the circuit in which the ward resides, alleging that the ward meets the requirements for sterilization. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-604 Appointment of guardian ad litem.

§560:5-604 Appointment of guardian ad litem.
The court, upon receipt of the petition, shall appoint a guardian ad litem to represent the ward. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-605 Notice.

§560:5-605 Notice.
The court shall order that the petition be served personally upon the ward, the guardian, and the guardian ad litem for the ward, and such other persons as the court may designate. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-606.5 Reproductive rights advisory list.

§560:5-606.5 Reproductive rights advisory list.
The family court may maintain a resource list of advisors in the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology or psychiatry with knowledge regarding the reproductive rights of incapacitated adults with disabilities. The court may seek advice and recommendations from one or more of the advisors on any petition for sterilization. The recommendations shall consider whether the ward is capable of giving informed assent and, if not, whether sterilization is in the best interest of the ward, consistent with the criteria set forth in section 560:5-608. [L 2006, c 25, §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-607 Hearing.

§560:5-607 Hearing.
(a) The court shall set a hearing on the petition and shall order that notice of the time and place of hearing be provided to the ward, the guardian, and the guardian ad litem for the ward and any other persons that the court may designate.
(b) The ward shall be entitled to be present at the hearing and to see and hear all evidence bearing on the petition. The ward shall be entitled to be represented by an attorney, in addition to the court-appointed guardian ad litem, to present evidence, and to cross-examine witnesses, including any person submitting a report. The ward may be absent from the hearing if the ward is unwilling or is unable to participate. [L 1986, c 81, pt of §2; am L 2006, c 25, §3]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-609 Appeals.

§560:5-609 Appeals.
Upon entry of the decree the court shall stay the effect of a decision allowing sterilization until the expiration of time within which to file an appeal pursuant to the Hawaii Rules of Civil Procedure. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-611 Confidentiality of and access to records.

§560:5-611 Confidentiality of and access to records.
(a) All wards affected by this part shall be informed of their right to and be entitled to copies of all portions of any records relating to the sterilization or proposed sterilization.
(b) All records relating to sterilization or proposed sterilization of the ward shall be confidential and shall not be released to third parties except in the following circumstances:
(1) When the ward or guardian of the ward has signed a written release for the specific information; or
(2) When the ward or guardian designates a third party as either a payer or copayer for the sterilization and consents to release information which is necessary to establish reimbursement eligibility.
(c) A charge, not to exceed the actual cost of duplication, may be assessed for copies of any records that need to be reproduced.
(d) When records are released to a third party, it shall be unlawful for the party to disclose any part of the record that contains personally identifiable information without the written consent of the person who is the subject of the record. The release of the record to the third party shall be accompanied by the following statement: "This information has been disclosed to you from records whose confidentiality is protected by the state law which limits disclosure of personally identifiable information to additional parties without the express written consent of the subject of the record".
(e) Violations of this section shall be subject to action under section 571-81. [L 1986, c 81, pt of §2]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:5-612 No liability arising from sterilization; exception.

§560:5-612 No liability arising from sterilization; exception.
No physician or hospital, nor the State or its agents, or any other person acting in accordance with this part shall be liable to anyone, either civilly or criminally, for having performed or authorized the performance of the individual sterilization, except for liability of the hospital or physician caused by the negligent performance of the sterilization, in accordance with laws covering such negligence. [L 1986, c 81, pt of §2; am L 2006, c 25, §4]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-102 Ownership as between parties, and others; protection of financial institutions.

§560:6-102 Ownership as between parties, and others; protection of financial institutions.
The provisions of sections 560:6-103 to 560:6-105 concerning beneficial ownership as between parties and payable-on-death payees, or as between parties or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of sections 560:6-108 to 560:6-113 govern the liability of financial institutions who make payments pursuant thereto, and their setoff rights. [L 1976, c 200, pt of §1]
2023 Hawaii Revised Statutes › Title 30A. Uniform Probate Code › 560. Uniform Probate Code › 560:6-103 Ownership during lifetime.

§560:6-103 Ownership during lifetime.
(a) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.
(b) A payable-on-death account belongs to the original payee during the payee's lifetime and not to the payable-on-death payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (a) of this section.
(c) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during the trustee's lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection (a) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary. [L 1976, c 200, pt of §1; gen ch 1985]