(a) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward’s limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the capacity to manage the ward’s personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian at all times shall act in the ward’s best interest and exercise reasonable care, diligence, and prudence.
will 560x170

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Terms Used In Hawaii Revised Statutes 560:5-314

  • 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.
(b) A guardian shall:

(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health;
(2) Take reasonable care of the ward’s personal effects and bring protective proceedings if necessary to protect the property of the ward;
(3) Expend money of the ward that has been received by the guardian, for the ward’s current needs for support, care, education, health, and welfare;
(4) Conserve any excess money of the ward for the ward’s future needs; provided that if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward’s future needs;
(5) Immediately notify the court if the ward’s condition has changed so that the ward is capable of exercising rights previously removed; and
(6) Inform the court of any change in the ward’s custodial dwelling or address.
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