REPORT TITLE:
Guardianship


DESCRIPTION:
Allows waiver of notice in guardianship proceedings where person
requiring notice cannot be found. (HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        896
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GUARDIANSHIP PROCEEDINGS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 560:5-309, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (b) and (c) to read as follows:
 
 3      "(b)  Notice shall be served personally on the alleged
 
 4 incapacitated person, the person's spouse or reciprocal
 
 5 beneficiary, the person's legal parents, and the person's adult
 
 6 children, if they can be found within the State.  Notice to
 
 7 [such] any of those who cannot be found within the State and to
 
 8 all other persons except the alleged incapacitated person shall
 
 9 be given as provided in section 560:1-401.  For good cause, the
 
10 court may waive notice to any person in subsection (a)(1) or (3),
 
11 other than the ward, upon a showing that all reasonable efforts
 
12 have been made to ascertain the identity and address of the
 
13 person or to effect notice, that the efforts were unsuccessful,
 
14 and that further efforts should not be required because that
 
15 person has not demonstrated a reasonable degree of interest or
 
16 concern in the subject.  Waiver of notice by the person alleged
 
17 to be incapacitated is not effective unless the person attends
 
18 the hearing or the person's waiver of notice is confirmed in an
 
19 interview with the individual sent by the family court to
 
20 interview the person.  Except as provided in section 560:5-303,
 

 
Page 2                                                     896
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1 representation of the alleged incapacitated person by a guardian
 
 2 ad litem is not necessary.
 
 3      (c)  Grandparents shall be notified in all proceedings
 
 4 involving minors.  For good cause, the court may waive notice to
 
 5 a grandparent upon a showing that all reasonable efforts have
 
 6 been made to ascertain the identity and address of the person or
 
 7 to effect notice, that the efforts were unsuccessful, and that
 
 8 further efforts should not be required because that person has
 
 9 not demonstrated a reasonable degree of interest or concern in
 
10 the subject."
 
11      SECTION 2.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect on July 1, 1999.