Rule 104 To Whom

When someone starts a conservatorship or guardianship case in Hawaiʻi probate court, they have to tell certain people about it. This rule spells out exactly who must receive notice, beyond whatever the general law already requires.

For conservatorship cases, the person filing the petition must notify any lawyer the court has appointed to represent the respondent (the person the case is about), as well as any other lawyer already representing that person. If the respondent is a military veteran getting benefits, the Department of Veterans' Affairs must also be told. The petitioner must also notify a Kokua Kanawai (a court-appointed helper who looks out for the respondent's rights) and any guardian ad litem appointed to represent the respondent's interests.

For guardianship cases, the notice requirements are similar but do not include the Veterans' Affairs department. The petitioner still needs to notify any court-appointed lawyer, any other lawyer representing the respondent, any Kokua Kanawai, and any guardian ad litem.

The main point of this rule is to make sure everyone involved in protecting the respondent's rights and interests knows the case is happening, so they have a chance to get involved and speak up if needed.