COMMENTARY:
1995 Commentary: This rule brings the guardianship practice in line with the probate practice under Rule 50, in that all guardianship of the property proceedings, no matter what the jurisdictional procedural amount, will have one case number. Thus, if a small guardianship grows beyond the clerk's jurisdiction, or a regular guardianship is depleted to the point of falling within the small guardianships jurisdiction, change of the jurisdictional procedure can be done simply by a petition and order to note the changed circumstances, and a new proceeding need not be initiated.
Indicating the nature of the proceeding below the case number will help clarify the context of the guardianship and the rules to be applied. A guardianship of a minor terminates automatically upon the minor's attaining the age of majority or emancipation unless extended by the court. If an incapacitated minor is under guardianship, then upon attaining majority, the guardian should file a petition to continue the guardianship as one for an adult.
2004 Commentary: Under HRS § 560:5-106, the probate court has exclusive jurisdiction over protective proceedings and concurrent jurisdiction with family court over guardianships of adults in cases where there is also a protective proceeding concerning the adult. Changing "G. No." to "C. No." reflects terminology in Article V of Chapter 560, effective January 1, 2005, where "guardian" is used instead of "guardian of the person" and "conservator" instead of "guardian of the property." In addition, H.R.S. §§ 571-14 and 603-21.5 were amended to provide the probate court concurrent jurisdiction with family court over adult guardianships, effective January 1, 2005, consistent with subject matter jurisdiction provisions in Article V of the Hawaii Probate Code (previously H.R.S § 560:5-102; as of January 1, 2005, H.R.S § 560:5-106). The "CG. No." case number is for cases where guardianship and conservatorship are sought for the same adult person at the outset of the case. Guardianship (formerly "guardianship of the person") proceedings for an adult person initiated in the Family Court (in cases bearing an "FC-G" case number designation) and conservatorship (formerly "guardianship of the property") proceedings for the same adult person initiated in probate court (in cases initiated before the Hawaiʻi Probate Rules were adopted, bearing an "SP" number, or in cases initiated under the Probate Rules effective prior to January 1, 2005, bearing a "G. No." or in cases initiated on or after January 1, 2005, bearing a "C. No."), if consolidated in the probate court (as permitted effective January 1, 2005), will retain both separate case numbers and will not be assigned a "CG." number.
To the extent practicable, all Hawaiʻi Probate Rules and administrative orders that presently apply to "guardianship of the property" (G. No.) proceedings shall also apply to "conservatorship" and "conservatorship and guardianship" (C. No. and CG. No.) proceedings.
2008 Commentary: A reference to the flag sheet requirement of Rule 103 is added for clarity.
(Rule and commentary amended February 16, 2005, effective nunc pro tunc January 1, 2005; further amended May 15, 2008, effective July 1, 2008.)
