(a) Notwithstanding any law to the contrary, the family court may appoint the director as guardian of any person if the court finds that:

Terms Used In Hawaii Revised Statutes 333F-11

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Director: means the director of health. See Hawaii Revised Statutes 333F-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
(1) The person is an incapacitated person as defined in § 560:5-102;
(2) The person is developmentally or intellectually disabled;
(3) The person may reasonably be expected to need treatment or care at any residential facility; and
(4) There is no other suitable guardian including the public guardian as designated in chapter 551A who is able or willing to serve as guardian.
(b) The director, if so appointed, shall have all the powers and duties of a guardian duly appointed by the court; provided that the director shall not be liable in damages for any tortious act committed by the person.

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