Serving families on Oʻahu and throughout Hawaiʻi
Guardianship & Conservatorship in Hawaiʻi
Guardianship and conservatorship are court processes that give someone legal authority to act for an adult who can no longer make safe decisions. In Hawaiʻi, a guardian makes personal and health care decisions, and a conservator manages money and property. These processes often come up when there is no power of attorney or health care directive in place. 808 Estate & Elder Law helps families on Oʻahu and throughout Hawaiʻi understand how guardianship and conservatorship work, guides them through the court process, and supports guardians and conservators after appointment.
Planning ahead for yourself instead? See Elder Law.
Is this you?
What’s included
How it works
01
Initial consultation
A short conversation about your loved one’s situation and how we can help.
02
Engagement
If we’re a good fit, you receive an engagement agreement before work begins that sets out the fees and exactly what we’ll handle.
03
Understanding the process
We explain what guardianship or conservatorship involves and what the court will require.
04
Filing and hearing
We prepare the petition, handle notice and represent you through the hearing.
05
After appointment
We advise you on your duties and the reports the court requires.
Why work with Malia
Malia I. Alexander has handled guardianship and conservatorship matters from both sides, making the fiduciary decisions while also serving as the attorney. She understands what the court expects of guardians and conservators, and the family dynamics that often come with these cases.
Certified Elder Law Attorney
National Elder Law Foundation
Certified Trust & Fiduciary Advisor
The Supreme Court of Hawaiʻi grants Hawaiʻi certification only to lawyers in good standing who have successfully completed a specialty program accredited by the American Bar Association.
Common Questions
What’s the difference between a guardian and a conservator in Hawaii?
A guardian makes personal decisions, such as health care and living arrangements. A conservator manages finances and property. A person may need one, the other, or both.
Can a power of attorney or health care directive avoid guardianship or conservatorship?
Often, yes. A durable power of attorney names someone to manage finances, and an advance health care directive names someone to make health care decisions. When they’re signed by someone who has the capacity to make them, these documents can often avoid the need for a conservatorship or guardianship. It’s best to sign them early, before a health crisis makes planning harder.
How long does guardianship take in Hawaii?
It depends on the court’s calendar and whether anyone objects. Emergency options may be available when there’s an urgent need.
Do I need guardianship for my adult child with a disability?
Not always. Depending on their abilities, supported decision-making, powers of attorney or a limited guardianship may fit.
What are a guardian’s or conservator’s ongoing duties?
Their duties include acting in the person’s best interest while respecting their known wishes and values, keeping careful records, and filing the reports and accountings the court requires. The specific duties depend on the court’s order.
Worried about a loved one’s ability to make decisions?
Initial consultations are complimentary (see consultation terms).
Opens a short form on our intake page. We aim to reply within two business days. Prefer to talk? Call (808) 215-6888.