Guardianship

An adult can be granted legal guardianship over a person, an estate or both a person and an estate. There are many different reasons one can have for pursuing guardianship, but all are ultimately rooted in a genuine interest in having someone to watch over, protect and maintain that person or estate.

Guardianship over Adults

If an adult is incapacitated by the statutory definition of the State of Hawaii, the Court can appoint a Guardian of that person and that person's financial matters through the Family Court.  The Court will make determinations of capacity, the fitness of the guardian themselves, and will describe the guardian's duties to the adult, the other family members, and to the State.

Guardianship over Minor Children

Most guardianships over minor children come about because the parents are, for whatever reason, unable to continue to care for their children. This can be because of any of the following reasons:

• They have been found legally unfit to be raise their children because of criminal activity or child neglect and abuse;
• They have traveled somewhere and couldn't take the children with them;
• They are recently deceased.

The most common example involves parents who have fallen into drug use or criminal activity and are no longer fit parents. In these cases, the child either goes into foster care or is taken in by a relative like an aunt, uncle or grandparent. Once a family member has been given responsibility for the child, they can seek statutory Guardianship of that minor.

Guardianships over Minors and Estates

If the parents were killed or are absent and have left behind an estate to the child, then the guardianship would be involved in looking over both the child and the estate. He or she would usually be responsible for the upbringing of the child and for withdrawing regular payments from the estate for the care and upbringing of the child.

Christopher D. Thomas is an experienced attorney handling family law issues like guardianships in Hawaii. Call our offices at (808) 261-7710 or contact us via email today to schedule an appointment with an experienced, caring, dedicated and knowledgeable attorney.