[COURT HEADER]
IN THE CIRCUIT COURT OF THE _____ CIRCUIT
STATE OF HAWAIʻI – PROBATE DIVISION
In the Matter of the Guardianship of ) CASE NO. [CASE NO.]
)
[NAME OF MINOR / INCAPACITATED PERSON], ) PETITION FOR APPOINTMENT OF
) GUARDIAN; DECLARATION;
Respondent. ) NOTICE OF HEARING;
) [PROPOSED] ORDER;
) VERIFICATION; EXHIBITS “A–__”
)
) Hearing Date: [DATE]
) Hearing Time: [TIME]
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PETITION FOR APPOINTMENT OF GUARDIAN
(Guardianship of [Minor / Incapacitated Person])
[// GUIDANCE: Use the term “Respondent” for an adult and “Minor” for a child unless local practice dictates “Alleged Incapacitated Person” or “Protected Person.”]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations & Requested Relief
- Representations & Warranties of Petitioner
- Covenants & Undertakings of Proposed Guardian
- Default & Remedies (Removal / Suspension)
- Risk Allocation (Bond, Indemnification, Insurance)
- Dispute Resolution & Continuing Jurisdiction
- General Provisions
- Execution Block (Signatures, Verification, Notary)
1. DOCUMENT HEADER
1.1 Effective Date. This Petition is deemed filed as of the Clerk’s stamp date and is governed by the Hawaiʻi Uniform Probate Code and applicable Rules of the Circuit Courts (Probate).
1.2 Jurisdiction & Venue. Jurisdiction is proper in this Court under state guardianship law because the Respondent is domiciled or physically present in [COUNTY], Hawaiʻi, and venue is proper in the Probate Division of the [_____] Circuit Court.
1.3 Parties.
(a) “Petitioner” means [PETITIONER FULL NAME], whose mailing address is [ADDRESS], and who is [relationship to Respondent].
(b) “Respondent” means [NAME], a [AGE]-year-old [minor/incapacitated adult] currently residing at [ADDRESS/CARE FACILITY].
(c) “Proposed Guardian” means [NAME] (if different from Petitioner), whose mailing address is [ADDRESS].
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below (alphabetical order):
“Bond” – The fiduciary surety instrument required under Hawaiʻi probate law to secure faithful performance by the Guardian.
“Guardian” – The individual(s) appointed by the Court with authority over the person, the estate, or both, of the Respondent.
“Letters” – The formal court-issued Letters of Guardianship evidencing the Guardian’s authority.
“Protected Property” – All assets titled to or held for the benefit of the Respondent.
“Report” – The annual (or other periodic) statement of Guardian’s activities, accounts, and condition of the Respondent as required by law.
3. OPERATIVE ALLEGATIONS & REQUESTED RELIEF
3.1 Guardianship Sought. Petitioner seeks:
☐ Guardianship of the Person
☐ Guardianship of the Property
☐ Limited Guardianship (scope described in Section 3.4)
☐ Temporary / Emergency Guardianship pending final hearing
3.2 Grounds.
(a) Minor. Appointment is necessary because both parents:
☐ are deceased; ☐ have had parental rights suspended; ☐ consent (see Exhibit “A”).
(b) Incapacitated Adult. Respondent is unable to receive and evaluate information or make/communicate responsible decisions due to [MEDICAL CONDITION], and less restrictive alternatives (e.g., power of attorney, supported decision-making) are insufficient.
3.3 Best Interests. Appointment promotes the Respondent’s welfare, consistent with the statutory standard of least restrictive intervention and maximization of self-reliance.
3.4 Scope & Limitations. If limited guardianship is selected, Petitioner requests authority ONLY for the following domains: [HEALTH CARE / RESIDENTIAL PLACEMENT / FINANCIAL MANAGEMENT up to $____ per month / education / others].
3.5 Bond Requirement. Petitioner proposes a bond in the initial penal sum of $[BOND_AMOUNT], computed in accordance with probate guidelines (anticipated liquid assets + annual income × 1.25). Petitioner requests waiver of bond ☐ (attach justification) or permission to post personal surety ☐.
3.6 Reporting. Guardian will file (i) an initial inventory within 30 days of qualification and (ii) annual Reports every [MONTH] on or before [DUE DATE] each year, or as the Court may order.
3.7 Letters. Petitioner requests issuance of Letters of Guardianship upon filing of the requisite bond, oath, and acceptance.
3.8 Additional Relief. Petitioner further requests authority to:
(a) Obtain and disclose confidential records (HIPAA, educational, financial) as reasonably necessary;
(b) Apply for government benefits on Respondent’s behalf;
(c) Execute documents necessary to carry out Court-approved duties; and
(d) Any other relief the Court deems just and equitable.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Accuracy. Petitioner represents that all factual statements herein and in attached exhibits are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief.
4.2 Eligibility. Petitioner (and Proposed Guardian, if different) is not disqualified by criminal conviction, conflict of interest, or financial incapacity, and is willing and able to serve.
4.3 Notice Compliance. All persons entitled to notice under Hawaiʻi probate law—including but not limited to parents, adult siblings, custodians, and next of kin—will be served with a copy of this Petition and Notice of Hearing as certified in the attached Declaration of Service (Exhibit “B”).
4.4 No Compensation Pending Court Approval. Petitioner understands that any compensation for guardian services or reimbursement of expenses is subject to prior Court approval.
[// GUIDANCE: Consider adding a disclosure schedule if the Respondent owns complex or high-value assets.]
5. COVENANTS & UNDERTAKINGS OF PROPOSED GUARDIAN
5.1 Fiduciary Duty. Guardian shall act loyally, prudently, and in good faith, placing the Respondent’s interests above the Guardian’s own.
5.2 Record-Keeping. Guardian shall maintain contemporaneous books, receipts, and supporting documentation sufficient for Court review.
5.3 Compliance. Guardian shall comply with all applicable state statutes, regulations, and Court rules, including periodic educational requirements mandated by the Judiciary.
5.4 Notice of Material Change. Guardian shall notify the Court within 14 days of (a) any change of residence of either Guardian or Respondent; (b) Guardian’s inability to continue serving; or (c) significant deterioration in Respondent’s condition.
5.5 Term. Guardianship continues until (i) the Respondent attains majority or regains capacity, (ii) the Court terminates the guardianship, or (iii) the death of the Respondent.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute breach of fiduciary duty:
(a) Failure to file required Reports;
(b) Misapplication or misappropriation of Protected Property;
(c) Abuse, neglect, or exploitation of Respondent;
(d) Violation of any Court order or statutory duty.
6.2 Remedies. Upon default, the Court may:
(i) Compel accounting;
(ii) Suspend or remove Guardian;
(iii) Reduce or forfeit Guardian compensation;
(iv) Impose surcharge, contempt sanctions, or civil liability;
(v) Invoke surety bond remedies to make the estate whole; and
(vi) Award attorney’s fees and costs to the prevailing party.
7. RISK ALLOCATION
7.1 Bond. Guardian must furnish and maintain the Bond referenced in §3.5. Failure to do so constitutes an Event of Default.
7.2 Indemnification. To the fullest extent permitted by law, Guardian shall indemnify and hold harmless the Respondent’s estate from any loss, liability, or expense arising from Guardian’s breach of fiduciary duty or willful misconduct.
7.3 Insurance. If the estate exceeds $[THRESHOLD], Guardian shall obtain and maintain fiduciary liability insurance with minimum limits of $[LIMIT] per occurrence and name the estate as additional insured.
7.4 Force Majeure. Guardian shall not be liable for non-performance caused solely by events beyond Guardian’s reasonable control (natural disasters, declared emergencies), provided Guardian acts diligently to mitigate impact and promptly notifies the Court.
8. DISPUTE RESOLUTION & CONTINUING JURISDICTION
8.1 Governing Law. All matters herein are governed by Hawaiʻi state guardianship law and the Hawaiʻi Uniform Probate Code.
8.2 Exclusive Forum. The Probate Division of this Court shall retain exclusive jurisdiction over all disputes, accountings, modifications, and enforcement actions relating to this guardianship. Arbitration is not available. Jury trial is waived pursuant to Rule 73, Hawaiʻi Rules of Civil Procedure, as probate matters are triable by the Court.
8.3 Injunctive Relief. The Court’s inherent power to issue protective orders, temporary restraining orders, and other equitable relief is expressly preserved.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers. Any material amendment to Guardian’s powers or scope must be in writing and approved by the Court; informal waivers have no effect.
9.2 Assignment. A Guardian may not delegate or assign duties without express Court authorization.
9.3 Successors & Resignation. On death, resignation, or removal of a Guardian, a successor may be appointed pursuant to supplemental petition; outgoing Guardian remains subject to final accounting.
9.4 Severability. If any provision is held unenforceable, the remainder shall be given full effect consistent with legislative intent.
9.5 Integration. This Petition, together with any Court-approved modifications and the Letters, constitutes the entire arrangement concerning guardianship duties.
9.6 Electronic Filing & Signatures. Facsimile or electronic signatures shall be deemed originals for all probate purposes, subject to Hawaiʻi Electronic Filing and Service Rules.
10. EXECUTION BLOCK
Executed this ___ day of _, 20, at _____, Hawaiʻi.
[PETITIONER NAME]
Petitioner / Proposed Guardian
[CO-PETITIONER NAME] (if any)
STATE OF HAWAIʻI )
) SS.
COUNTY OF _______ )
On this ___ day of _, 20, before me personally appeared ____, to me known (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing Petition and acknowledged that he/she/they executed the same as his/her/their free act and deed.
Notary Public, State of Hawaiʻi
Print Name: ___
My commission expires: ____
VERIFICATION
I, [PETITIONER NAME], declare under penalty of perjury that I have read the foregoing Petition and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.
Dated: __, 20_.
[PETITIONER NAME]
EXHIBITS (Attach as Applicable)
A – Consents of Parents / Waivers of Notice
B – Declaration of Service of Notice of Hearing
C – Medical or Psychological Evaluation (Adult) / Birth Certificate (Minor)
D – Proposed Guardianship Plan
E – Asset Schedule & Proposed Budget
F – Bond Commitment Letter
[// GUIDANCE: Tailor the exhibit list to the specific facts. For adult guardianships, include a recent physician’s capacity declaration. For minors, include parental consent or evidence of parental unfitness if contested.]
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END OF DOCUMENT
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