Hawaii Senate Bill SB915

Hawaii 2023 Regular Session

• Introduced: 1/20/23
• Refer: 1/27/23

Caption

Relating To Guardianship.

Impact

One significant change proposed by SB915 is the extension of the emergency guardian's appointment duration from ninety days to one hundred twenty days. This extension is meant to provide courts ample time to evaluate the circumstances surrounding the need for guardianship without the rush of frequent renewals. The amended statute also stipulates that guardians may consent to medical treatment or other services even against the wishes of the ward, highlighting a critical balance between protecting individuals who may not be capable of making informed decisions and respecting their autonomy.

Summary

Senate Bill 915, introduced to the Hawaii Legislature, focuses on amending the Uniform Probate Code to enhance procedures surrounding guardianship. The bill allows for the appointment of emergency guardians specifically for individuals residing in psychiatric facilities, hospitals, or homeless shelters, addressing critical needs for vulnerable populations. By defining clearer conditions under which emergency guardians can be appointed, the bill seeks to ensure that individuals lacking a support structure receive the assistance necessary to safeguard their welfare.

Contention

Notably, the bill raises questions about the delicate balance between protection and autonomy. While supporters may argue that allowing guardians to make decisions over the objections of wards is essential for safeguarding health and safety, critics might contend that this approach could lead to potential overreach and abuse of power. In addition, as it is set to sunset in January 2028 unless renewed, the bill invites debate regarding its long-term implications and effectiveness in protecting the rights of individuals within the guardianship system.