§560:5-102  Definitions.  In parts 1
through 4 of this article:



"Conservator" means a person who is
appointed by a court to manage the estate of a protected person.  The term
includes a limited conservator.



"Court" means either a circuit court
in this State having jurisdiction in matters relating to the affairs of
decedents or the family court, depending on which court has subject matter
jurisdiction under section 560:5-106.



"Guardian" means a person who has
qualified as a guardian of a minor or incapacitated person pursuant to
appointment by a parent, spouse, reciprocal beneficiary, or by the court.  The
term includes a limited, emergency, and temporary substitute guardian but not a
guardian ad litem.



"Incapacitated person" means an
individual who, for reasons other than being a minor, is unable to receive and
evaluate information or make or communicate decisions to such an extent that
the individual lacks the ability to meet essential requirements for physical
health, safety, or self-care, even with appropriate and reasonably available
technological assistance.



"Kokua kanawai" means an individual
appointed by a court who has the role and authority granted under rule 113 of
the Hawaii probate rules.



"Legal representative" includes an
attorney, a representative payee, a guardian or conservator acting for a
respondent in this State or elsewhere, a trustee or custodian of a trust or
custodianship of which the respondent is a beneficiary, and an agent designated
under a power of attorney, whether for health care or property, in which the
respondent is identified as the principal.



"Minor" means an unemancipated
individual who has not attained eighteen years of age.



"Parent" means a parent whose
parental rights have not been terminated.



"Protected person" means a minor or
other individual for whom a conservator has been appointed or other protective
order has been made.



"Respondent" means an individual for
whom the appointment of a guardian or conservator or other protective order is
sought.



"Ward" means an individual for whom a
guardian has been appointed. [L 2004, c 161, pt of §1]



 



Case Notes



 



  Where judge, at the time judge entered the family court
orders purporting to void the estate documents, was a district judge appointed
under §571-8, not a circuit judge sitting by designation in family court under
§571-4, the judge lacked original jurisdiction over guardianships of the
property under this section as it stood prior to the 1996 amendments to the
Hawaii uniform probate code.  110 H. 8, 129 P.3d 511.



 



Prior law.



  Where definition of "incapacitated person" in
§560:5-101 (2003), when read as a whole, sufficiently apprised ward of the
bases on which the court would review the guardianship petition and any
ambiguity in the statute did not render it "substantially
incomprehensible", so as to overcome the "presumption of
constitutionality", definition was not unconstitutionally vague.  113 H.
236, 151 P.3d 717.