Honolulu, HI Conservatorship
Conservatorship Attorney in Honolulu
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Generally speaking, a conservatorship is a legal proceeding by which a court appoints someone to manage the property and business affairs of an individual (the "proposed protected person") who may not be able to do so him or herself. This may be because the proposed protected person is 1) a minor (defined as an unemancipated individual who is under eighteen years old) or 2) an adult who is incapacitated and unable to manage his or her financial affairs. In Hawaii, conservatorships are governed by Article V of Section 560 of the Hawaii Revised Statutes. The Probate Court has jurisdiction over conservatorships for minors and incapacitated individuals.
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Conservatorship for minor. In Hawaii, as elsewhere, a minor cannot legally own property outright and free from adult supervision. Therefore, a conservatorship may be necessary for a minor if a custodian of property was neither nominated nor appointed under the Hawaii Uniform Transfers to Minors Act. The court may appoint a conservator for a minor if it determines that the minor 1) owns money or property requiring management or protection that cannot otherwise be provided, 2) has business affairs that may be put at risk or prevented because of the minor's age or 3) needs money for his or her support or education and that protection is necessary.
Conservatorship for adult. In Hawaii, if an incapacitated adult does not have estate planning documents (such as a Trust or Power of Attorney) that would allow another person to manage the incapacitated adult's affairs, a conservator may be necessary to the extent assistance is needed. For a conservatorship to be established, two conditions must be met. First, it must be shown by clear and convincing evidence that the incapacitated adult is unable to manage his or her property and business affairs because of an impairment that inhibits their ability to evaluate information or to make or communicate decisions. Second, it needs to be shown by a preponderance of evidence that the incapacitated adult’s property is in danger of being wasted and/or dissipated without proper management or that money is needed for the individual's health, education, maintenance, support and welfare.
Sometimes, the incapacitated adult is accustomed to living independently and will balk at a conservatorship. Therefore, it is important to keep the proposed protected person involved in his or her affairs as much as possible since a conservatorship reduces the amount of control a person has over his or her own life.
Kokua Kanawai. In Hawaii, the judge will sometimes appoint an independent investigator to serve as an extension of the court to analyze the situation. The Kokua Kanawai (which means "Helper in the Law") is usually an attorney whose duties include interviewing the parties to the case, reviewing financial and medical records and submitting a written report and recommendation to the judge. The Kokua Kanawai does not advocate for or against the rights of the incapacitated individual. The Kokua Kanawai will charge for his or her time and the fees will usually be paid out of the conservatorship estate.
Our Billing Practices for Conservatorship matters. For some, a firm's billing methods are a source of anxiety and trepidation. At the Law Office of Samuel K.L. Suen, LLLC, we believe in simplicity and transparency when it comes to billing and we take time to explain to our clients the fees and costs involved. Our invoices clearly detail and describe all completed tasks and the time taken to accomplish them. For conservatorship matters, we use an hourly rate and bill in increments of 6 minutes (or 0.1 of an hour). We will request an initial refundable retainer from which fees and costs will be billed against. If there are any funds remaining at the conclusion of the matter, they will be returned to the client. If the retainer is depleted beforehand, we will send clients monthly invoices with payment due 30 days thereafter.
How we can help. The appointed conservator for either a minor or incapacitated adult has fiduciary duties and is also responsible for filing annual reports with the court regarding the status of the protected person’s affairs. The Law Office of Samuel K.L. Suen, LLLC, can help you initiate the conservatorship proceeding and, after the appointment, assist the conservator with administering the conservatorship estate in an efficient and cost-effective manner.
Conservatorship for adult. In Hawaii, if an incapacitated adult does not have estate planning documents (such as a Trust or Power of Attorney) that would allow another person to manage the incapacitated adult's affairs, a conservator may be necessary to the extent assistance is needed. For a conservatorship to be established, two conditions must be met. First, it must be shown by clear and convincing evidence that the incapacitated adult is unable to manage his or her property and business affairs because of an impairment that inhibits their ability to evaluate information or to make or communicate decisions. Second, it needs to be shown by a preponderance of evidence that the incapacitated adult’s property is in danger of being wasted and/or dissipated without proper management or that money is needed for the individual's health, education, maintenance, support and welfare.
Sometimes, the incapacitated adult is accustomed to living independently and will balk at a conservatorship. Therefore, it is important to keep the proposed protected person involved in his or her affairs as much as possible since a conservatorship reduces the amount of control a person has over his or her own life.
Kokua Kanawai. In Hawaii, the judge will sometimes appoint an independent investigator to serve as an extension of the court to analyze the situation. The Kokua Kanawai (which means "Helper in the Law") is usually an attorney whose duties include interviewing the parties to the case, reviewing financial and medical records and submitting a written report and recommendation to the judge. The Kokua Kanawai does not advocate for or against the rights of the incapacitated individual. The Kokua Kanawai will charge for his or her time and the fees will usually be paid out of the conservatorship estate.
Our Billing Practices for Conservatorship matters. For some, a firm's billing methods are a source of anxiety and trepidation. At the Law Office of Samuel K.L. Suen, LLLC, we believe in simplicity and transparency when it comes to billing and we take time to explain to our clients the fees and costs involved. Our invoices clearly detail and describe all completed tasks and the time taken to accomplish them. For conservatorship matters, we use an hourly rate and bill in increments of 6 minutes (or 0.1 of an hour). We will request an initial refundable retainer from which fees and costs will be billed against. If there are any funds remaining at the conclusion of the matter, they will be returned to the client. If the retainer is depleted beforehand, we will send clients monthly invoices with payment due 30 days thereafter.
How we can help. The appointed conservator for either a minor or incapacitated adult has fiduciary duties and is also responsible for filing annual reports with the court regarding the status of the protected person’s affairs. The Law Office of Samuel K.L. Suen, LLLC, can help you initiate the conservatorship proceeding and, after the appointment, assist the conservator with administering the conservatorship estate in an efficient and cost-effective manner.
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If you are interested in having our firm assist you with your conservatorship matter, please download, complete, and submit the questionnaire that is to the right.
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Law Office of Samuel K.L. Suen, LLLC | Phone: 808.282.4411 | Fax: 888.696.7055 | [email protected]
1575 South Beretania Street, Suite 205 Honolulu, Hawaii 96826
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