2019 Hawaii Revised Statutes
560. Uniform Probate Code
560:5-403 Original petition for appointment or protective order.

§560:5-403 Original petition for appointment or protective order. (a) The following persons may petition for the appointment of a conservator or for any other appropriate protective order:

(1) The person to be protected;

(2) An individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; or

(3) A person who would be adversely affected by lack of effective management of the property and business affairs of the person to be protected.

(b) The petition under subsection (a) shall set forth the petitioner's name, residence, current address if different, relationship to the respondent, and interest in the appointment or other protective order, and, to the extent known, state or contain the following with respect to the respondent and the relief requested:

(1) The respondent's name, age, principal residence, current street address, and, if different, the address of the dwelling where it is proposed that the respondent will reside if the appointment is made;

(2) If the petition alleges impairment in the respondent's ability to receive and evaluate information or alleges another physical, mental, or health impairment, a brief description of the nature and extent of the respondent's alleged impairment;

(3) If the petition alleges that the respondent is missing, detained, or unable to return to the United States, a statement of the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning the respondent's whereabouts;

(4) The name and address of the respondent's:

(A) Spouse or reciprocal beneficiary or, if the respondent has none, an adult with whom the respondent has resided for more than six months before the filing of the petition; and

(B) Adult children or, if the respondent has none, the respondent's parents and adult siblings or, if the respondent has none, at least one of the adults nearest in kinship to the respondent who can be found with reasonable efforts;

(5) The name and address of the person responsible for care or custody of the respondent;

(6) The name and address of any legal representative of the respondent;

(7) A general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts;

(8) The reason why a conservatorship or other protective order is in the best interest of the respondent; and

(9) A proposed itemized budget of income and expenditures.

(c) If a conservatorship is requested, the petition shall also set forth to the extent known:

(1) The name and address of any proposed conservator and the reason why the proposed conservator should be selected;

(2) The name and address of any person nominated as conservator by the respondent if the respondent has attained fourteen years of age; and

(3) The type of conservatorship requested and, if an unlimited conservatorship, the reason why limited conservatorship is inappropriate or, if a limited conservatorship, the property to be placed under the conservator's control and any limitation on the conservator's powers and duties. [L 2004, c 161, pt of §1; am L 2009, c 21, §2]

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