Guardianship vs Conservatorship Hawaii

Two Separate Legal Authorities

Hawaii splits protective authority into two distinct legal instruments, each governed by different courts:

Guardianship of the Person covers decisions about the parent's body and daily life — where they live, what medical treatment they receive, which care facility they enter, and who provides day-to-day supervision. Filed in Family Court under FC-G case designations.

Conservatorship of the Estate covers decisions about the parent's money and property — managing bank accounts, paying bills, selling real estate, handling investments, and filing taxes. Filed in Probate Court (Circuit Court) under C case designations.

The confusion comes because most mainland states use "guardian" and "conservator" interchangeably, or use one term for both roles. California, for example, uses "conservator" for both person and estate in adult cases. Hawaii doesn't — the terminology is precise, and filing the wrong petition in the wrong court wastes time and money.

When You Need Both

Most families caring for an incapacitated parent need both authorities. A parent with advanced dementia can't make medical decisions (guardianship territory) and can't manage their bank accounts (conservatorship territory). Filing only for guardianship means you can authorize surgery but can't pay the hospital bill from your parent's savings. Filing only for conservatorship means you can sell the house but can't consent to the medical treatment your parent needs.

The Consolidated CG Petition

HRS § 560:5-106 provides a practical solution: the consolidated CG (Conservator and Guardian of Adult) petition. Filed in Probate Court, a single CG case covers both guardianship and conservatorship in one proceeding:

• One petition instead of two
• One filing fee ($320) instead of separate fees in two courts
• One hearing before one judge instead of parallel proceedings
• One Kokua Kanawai investigation instead of potentially two

Use a CG petition when both person and estate authority are needed. If only personal authority is needed, a guardianship-only FC-G proceeding may be sufficient.

Cost Comparison

The CG fee is more than the guardianship-only fee but far cheaper than filing two separate petitions.

The Kokua Kanawai's Role

In both guardianship and conservatorship proceedings, the court typically appoints a Kokua Kanawai — an independent investigator, usually an attorney, who acts as an extension of the court. The investigator interviews the parent, the proposed fiduciary, medical providers, and family members, then submits a report recommending whether the petition should be granted.

Kokua Kanawai fees are charged to the parent's estate. Under Act 208's pilot program, low-income families may qualify for state funding of up to $7,500 per case to cover investigator and professional exam fees.

Fiduciary Duties Differ

Once appointed, the guardian and conservator have distinct reporting obligations:

Guardian: Files an Initial Report (use the current circuit form, such as Form 2F-P-520) within 30 days, then Annual Reports (use the current circuit form, such as Form 2F-P-386) every 12 months. The annual report covers the parent's physical and mental condition, housing adequacy, services received, guardian visits, and future care plans.

Conservator: Files a detailed financial inventory of all estate assets within 90 days, then Annual Accountings documenting every transaction, income source, and expenditure. Each accounting filing incurs a $10 court review fee. The court may also require a surety bond before issuing Letters of Conservatorship — the bond protects the estate against mismanagement.

When one person serves in both roles (the typical CG scenario), both sets of reports are due — the personal welfare report and the financial accounting.

The Simplified Conservatorship for Small Estates

For estates with personal property under $10,000, the court may waive the surety bond requirement. The court may also waive the bond when assets are placed in a restricted, court-blocked bank account; confirm with the Probate Court which inventory and reporting requirements still apply.

The Hawaii Power of Attorney & Guardianship Kit covers both the CG petition process and the simplified estate procedures, with filing instructions and form references for each Hawaii circuit court.

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