Children lack the legal authority to own property, and many adults incapacitated by illness or injury are unable to make health care or financial decisions on their own. In these instances, the court may appoint a guardian or conservator to protect their interests, manage their assets, and make important decisions on their behalf. The legal process for filling these roles is often complex, so here are answers to some frequently asked questions about court-appointed guardians and conservators.

Common FAQ Regarding Conservators & Guardians

What is a guardian’s role?

Guardians are empowered to make decisions about healthcare, living arrangements, and care provisions for an incapacitated person. These appointments are commonly associated with elderly individuals with dementia and accident victims who did not appoint a medical power of attorney before incapacitation.

What is a conservator’s role?

In some states, guardians and conservators are synonymous. Hawaii, however, makes a distinction between the roles, giving conservators the ability to manage financial matters, such as estates for children who inherit large sums of money or those too incapacitated to handle their affairs.

Are conservators monitored by the court?

Every year, conservators in Hawaii must prepare a report for the court detailing all of the expense and income earned by the ward’s estate. In most cases, these reports must be prepared by an attorney, who will ensure the conservator is fulfilling their duty to the protected person.

Can you choose a guardian or conservator?

If parents don’t want to serve as the conservator of their child’s inheritance, they may nominate an individual to serve in that capacity. However, the protected person themselves usually cannot choose a guardian or conservator since the court assumes they’re incapable of making legal decisions on their own.

If you’re navigating the process of becoming a conservator or guardian, Ng & Niebling will help you achieve your legal goals. For over 40 years, the attorneys have served families throughout Hawaii, offering friendly service and thorough legal expertise in estate planning. To schedule a free initial consultation, visit their website or call their office at (808) 732-7788.