Hawaii 2023 Regular Session

Hawaii Senate Bill SB915 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 915 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GUARDIANSHIP. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 915
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	915
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO GUARDIANSHIP.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 560:5-312, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, or where the respondent resides in a psychiatric facility, hospital, or homeless shelter, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed [ninety] one hundred twenty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court may appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other persons as the court directs." SECTION 2. Section 560:5-315, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Except as otherwise limited by the court, a guardian may: (1) Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship; (2) If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling; provided that a guardian may only establish or move the ward's place of dwelling outside this State upon express authorization of the court; (3) If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward; (4) Consent to medical or other care, treatment, or service for the ward[;], including care, treatment, or service over the objection of the ward; (5) Consent to the marriage or divorce of the ward; and (6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's [well being.] well-being." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval; provided that on January 1, 2028, this Act shall be repealed and sections 560:5-312 and 560:5-315, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 560:5-312, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, or where the respondent resides in a psychiatric facility, hospital, or homeless shelter, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed [ninety] one hundred twenty days and who may exercise only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court may appoint a lawyer to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition shall be given to the respondent and any other persons as the court directs."
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53	53	SECTION 2. Section 560:5-315, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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55	55	"(a) Except as otherwise limited by the court, a guardian may:
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57	57	(1) Apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship;
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59	59	(2) If otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling; provided that a guardian may only establish or move the ward's place of dwelling outside this State upon express authorization of the court;
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61	61	(3) If a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward;
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63	63	(4) Consent to medical or other care, treatment, or service for the ward[;], including care, treatment, or service over the objection of the ward;
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65	65	(5) Consent to the marriage or divorce of the ward; and
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67	67	(6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's [well being.] well-being."
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69	69	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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71	71	SECTION 4. This Act shall take effect upon its approval; provided that on January 1, 2028, this Act shall be repealed and sections 560:5-312 and 560:5-315, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.
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75	75	INTRODUCED BY: _____________________________
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77	77	INTRODUCED BY:
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79	79	_____________________________
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81	81	Report Title: Uniform Probate Code; Guardians; Appointment; Powers Description: Amends the Uniform Probate Code to allow courts to appoint emergency guardians for respondents who reside in psychiatric facilities, hospitals, and homeless shelters. Extends the appointment period. Clarifies that guardians may consent to care, treatment, or service over the objection of wards. Sunsets 1/1/2028. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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87	87	Report Title:
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89	89	Uniform Probate Code; Guardians; Appointment; Powers
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93	93	Description:
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95	95	Amends the Uniform Probate Code to allow courts to appoint emergency guardians for respondents who reside in psychiatric facilities, hospitals, and homeless shelters. Extends the appointment period. Clarifies that guardians may consent to care, treatment, or service over the objection of wards. Sunsets 1/1/2028.
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103	103	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.