SB 788: RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES.

A BILL FOR AN ACT

RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES.

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

     SECTION 1.  The legislature finds that since 2023 a working group has been formed to identify and address issues in the State's guardianship and conservatorship statutory procedures.  This working group is named the "uniform guardianship, conservatorship, and other protective arrangements act working group", and it has met regularly in 2024 under the facilitation of the staff of the Hawaiʻi state council on developmental disabilities.  An important issue identified by the working group is the accessibility of certain resources that the court may order for individuals, also statutorily referred to as respondents, for whom a guardianship or conservatorship is being sought.  The specific services are "kokua kanawai", who are individuals appointed by the court to review the personal circumstances of the respondent and provide the court with an independent assessment of the situation; guardians ad litem, who are individuals appointed by the court to represent the best interests of the respondent; and physician's letters and reports, also statutorily referred to as a "professional evaluation", by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment.

     While the court has the statutory authority to order these resources, it does not always order them.  The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents.  Overall, they make the procedures surrounding guardianship and conservatorship more equitable.  When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.

     Accordingly, the purpose of this Act is to establish a two-year guardianship and conservatorship related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.

     SECTION 2.  (a)  There is established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:

     (1)  An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to sections 560:5-305(c) and 560:5-305(d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to sections 560:5-406(c) and 560:5-406(d), Hawaii Revised Statutes, for conservatorships;

     (2)  A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and

     (3)  A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaiʻi probate rules.

     (b)  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship and conservatorship related court resources pilot program and include the following information aggregated by each type of court:

     (1)  The status of the guardianship and conservatorship related court resource pilot program;

     (2)  The number of people served by the pilot program;

     (3)  The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;

     (4)  Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or discontinued; and

     (5)  If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship and conservatorship related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the guardianship and conservatorship related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act shall take effect on April 23, 2057.

Report Title:

Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations

Description:

Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial.  Requires the Judiciary to submit reports to the Governor and Legislature.  Appropriates funds.  Effective 4/23/2057.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to guardianship and Conservatorship services.

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

     SECTION 1.  The legislature finds that since 2023 a working group has been formed to identify and address issues in the State's guardianship and conservatorship statutory procedures.  This working group is named the "uniform guardianship, conservatorship, and other protective arrangements act working group", and it has met regularly in 2024 under the facilitation of the staff of the Hawaii state council on developmental disabilities.  An important issue identified by the working group is the accessibility of certain resources that the court may order for individuals, also statutorily referred to as respondents, for whom a guardianship or conservatorship is being sought.  The specific services are "kokua kanawai", who are individuals appointed by the court to review the personal circumstances of the respondent and provide the court with an independent assessment of the situation; guardians ad litem, who are individuals appointed by the court to represent the best interests of the respondent; and physician's letters and reports, also statutorily referred to as a "professional evaluation", by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment.

     While the court has the statutory authority to order these resources, it does not always order them.  The information provided by these resources supplies the court with essential information to support a court's informed decisions regarding the capacity and circumstances of respondents.  Overall, they make the procedures surrounding guardianship and conservatorship more equitable.  When respondents do not receive these resources, it is usually because they do not have the personal finances to afford them.

     Accordingly, the purpose of this Act is to establish a two-year guardianship and conservatorship related court resources pilot program in the circuit court of the first circuit that will ensure these resources are available to all respondents.

     SECTION 2.  (a)  There is established within the judiciary a two-year pilot program in the probate court and family court of the first circuit to fund the following guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial:

     (1)  An investigation and report by a kokua kanawai appointed with the powers and duties pursuant to sections 560:5-305(c) and 560:5-305(d), Hawaii Revised Statutes, for guardianships and powers and duties pursuant to sections 560:5-406(c) and 560:5-406(d), Hawaii Revised Statutes, for conservatorships;

     (2)  A guardian ad litem appointed pursuant to section 560:5-115, Hawaii Revised Statutes; and

     (3)  A professional evaluation of the respondent's alleged impairment pursuant to section 560:5-306, Hawaii Revised Statutes, for guardianships or section 560:5‑406(f), Hawaii Revised Statutes, for conservatorships, that includes information as noted in rule 102, Hawaii probate rules.

     (b)  The judiciary shall submit a report of its findings and recommendations, including any proposed legislation, to the governor and legislature no later than forty days prior to the convening of the regular sessions of 2026 and 2027 on the guardianship and conservatorship related court resources pilot program and include the following information aggregated by each type of court:

     (1)  The status of the guardianship and conservatorship related court resource pilot program;

     (2)  The number of people served by the pilot program;

     (3)  The number of people who received resources from the pilot program who otherwise would not have been able to pay for these resources;

     (4)  Recommendations as to whether the pilot program should continue as a pilot program, be made permanent, or discontinued; and

     (5)  If continuation or permanency of the pilot program is recommended, recommendations for funding for the program.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the provision of guardianship and conservatorship related court resources in the first circuit probate court as part of the pilot program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the guardianship and conservatorship related court resources in the first circuit family court as part of the pilot program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

Judiciary; Guardianship; Conservatorship; Pilot Program; Reports; Appropriations

Description:

Establishes a two-year pilot program in the Probate Court and Family Court of the First Circuit to fund certain guardianship and conservatorship related court resources in situations where the respondent does not have sufficient funds to pay for one or more of the resources and the court has deemed the resource or resources beneficial.  Requires the Judiciary to submit reports to the Governor and Legislature.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 372

Honolulu, Hawaii

RE:    S.B. No. 788

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 788 entitled:

"A BILL FOR AN ACT RELATING TO GUARDIANSHIP AND CONSERVATORSHIP SERVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a two-year guardianship and conservatorship related court resources pilot program in the Circuit Court of the First Circuit that will ensure these resources are available to all respondents.

     Your Committee received testimony in support of this measure from the Judiciary, Disability and Communication Access Board, ʻApoākea Native Hawaiian Innovation Institute, and two individuals.

     Your Committee received comments on this measure from the Hawaiʻi State Council on Developmental Disabilities and Hawaii Disability Rights Center.

     Your Committee finds that since 2023, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act Working Group has met regularly under the facilitation of the staff of the Hawaiʻi State Council on Developmental Disabilities.  An important issue identified by the Working Group is the accessibility of certain resources that the court may order for individuals.  The specific services are "kokua kanawai", who are individuals appointed by the court to review the personal circumstances of the respondent and provide the court with an independent assessment of the situation; guardians ad litem, who are individuals appointed by the court to represent the best interests of the respondent; and physician's letters and reports, also statutorily referred to as a "professional evaluation", by a physician, psychologist, or other individual appointed by the court who is qualified to evaluate the respondent's alleged impairment.  While the court has the statutory authority to order these resources, it does not always order them.  The information provided by these resources supplies the court with essential information and makes the procedures surrounding guardianship and conservatorship more equitable.  Your Committee also finds that when individuals do not receive these resources, it is usually because they do not have the personal finances to afford them.  This measure will ensure that individuals requiring certain resources have access to these necessary services when financial barriers would otherwise prevent them from obtaining those services.

     Your Committee has amended this measure by:

     (1)  Changing the appropriations to unspecified amounts; and

     (2)  Inserting an effective date of April 23, 2057, to encourage further discussion.

     Your Committee notes that this measure, as amended, contains unspecified appropriation amounts.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting appropriation amounts of:

     (1)  $100,000 for the provision of guardianship and conservatorship related court resources in the First Circuit Probate Court as part of the pilot program established by this measure; and

     (2)  $100,000 for the guardianship and conservatorship related court resources in the First Circuit Family Court as part of the pilot program established by this measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 788, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 788, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,