§510-6  Incapacity of spouse.  (a) 
Whenever the husband or the wife is non compos mentis, or has been convicted of
a felony and imprisoned for a period of more than one year, or whenever the
husband or the wife is an habitual drunkard, or for any other reason is
incapacitated to receive, manage, control, dispose of, or otherwise deal with
community property, the other spouse may commence an action in the circuit
court of the circuit in which the plaintiff resides or of the circuit wherein
any of the community property is located or situated, stating the name of the
incapacitated spouse, a description or summary of all community property, both
real and personal, as far as known, and the facts which render the other spouse
incapacitated to receive, manage, control, dispose of, or otherwise deal with
community property, and praying that the spouse filing the complaint be
substituted for the incapacitated spouse, as to the right to receive, manage,
control, dispose of, and otherwise deal with all or any designated portion or
portions of the community property, then owned and thereafter to be acquired,
which would otherwise be under the management and control of the incapacitated
spouse.



(b)  In all such cases service of process shall
be had as in other civil actions; provided that where it is alleged that the
other spouse is non compos mentis a guardian ad litem shall be appointed having
such powers as in other civil actions.



(c)  Upon the hearing, the court shall enter
judgment either dismissing the complaint or adjudging the spouse filing the
same to have such power of receiving, managing, controlling, and disposing of
and dealing with all or any designated portion or portions of community
property, then owned and thereafter to be acquired, which would otherwise be
under the management and control of the incapacitated spouse, and containing
such other provisions, all as to the court may appear to be just, proper,
equitable, and to the best interests of the community.



(d)  In case of any change in conditions after
the entry of judgment pursuant to this section, either spouse may by motion
showing the change in conditions, apply to the same court for the modification
or rescission of the judgment.  In such case notice to the other spouse shall
be given in such manner as the court may direct.  Upon the hearing of the
motion the court shall either deny the motion or modify or rescind the prior
judgment, as to the court may appear to be just, proper, equitable, and to the
best interests of the community. [L 1945, c 273, pt of §1; RL 1955, §326-6; HRS
§510-6; am L 1972, c 107, §1(a)]