STAND. COM. REP. 3129

Honolulu, Hawaii

, 2004

RE: H.B. No. 2297

H.D. 1

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 2297, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND PROTECTIVE PROCEEDINGS,"

begs leave to report as follows:

The purpose of this measure is to replace the existing Parts I through IV of Article V of Chapter 560, Hawaii Revised Statutes, the Hawaii Uniform Probate Code, relating to guardianship of persons and property of minors and incapacitated persons, with the Uniform Guardianship and Protective Proceedings Act. This measure also makes conforming amendments to other statutory sections.

Your Committee finds that the current provisions of the Hawaii Uniform Probate Code relating to the guardianship of persons and property need to be modified to clarify the obligations and secure the rights of those involved in the course of establishing and carrying on these relationships. Specifically, this measure:

(1) Stresses the importance of using full guardianships and conservatorships as the last resort and making limited guardianships and conservatorships the preferred choice between the two by permitting the court to remove only those rights that the ward or incapacitated person can not manage;

(2) Requires the guardian or conservator to consult the ward or the protected person, when feasible, to make decisions, and requires the guardian or conservator to encourage the ward or protected person to participate in the decision-making process as much as possible and to follow the ward's or protected person's expressed desires and personal values in making decisions; and

(3) Implements the concept of a "standby" guardian, which is a person that a parent or spouse may appoint to be a future guardian when the need for a guardian is appropriate.

Your Committee notes that this bill, as previously amended, also addresses procedural issues such as required venue and notice, clarifies the relationship between proceedings under this proposal and those in Family Court and child protective proceedings, and establishes that, while a guardian is entitled to reasonable compensation, an owner, operator, or employee of a long-term care facility may not act as guardian of the respondent unless the guardian is related to the respondent.

Your Committee has made technical nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2297, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2297, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair