Hawaii Revised Statutes 560:5-206.5 – Judicial appointment of guardian; disability
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Terms Used In Hawaii Revised Statutes 560:5-206.5
- 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.
The court shall not consider the disability of a prospective guardian to be the sole factor in the court’s determination to approve or deny the appointment of a guardian pursuant to this part. If the court makes a determination to deny guardianship to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a prospective guardian impairs the prospective guardian’s ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.