Rule 108 Budgets
Part C. Conservatorship and Guardianship Proceedings | C-IV. Financial Arrangements
Rule Text
Where it is anticipated that regular distributions will be made for the benefit of the protected person during the conservatorship administration, the petition for appointment of the conservator, and all subsequent petitions for approval of accounts, shall include a proposed itemized budget of income and expenditures, including all sources of income no matter where derived or to whom paid for the benefit of the protected person. Such budget as shall be approved by the court shall control the actions of the conservator until amended by court order, provided that:
(1) the conservator may vary the allocation of funds expended between approved budget categories, as long as the overall budget limitations are not exceeded;
(2) the conservator may not in any accounting year exceed the overall approved budget by more than ten percent without prior court order;
(3) where an approved budget is intended to be in effect for more than one calendar year, the budget amounts shall be automatically increased to reflect inflation based on changes in the Consumer Price Index for urban Honolulu as established by the United States Department of Commerce;
(4) necessary medical and dental expenses of an adult protected person, regardless of amount, may be paid without prior court order;
(5) extraordinary necessary medical and dental expenses of a minor may be paid without prior court order; and
(6) all taxes owed by the protected person may be paid without prior court order.
Amendment history: Amended April 28, 2006, effective July 1, 2006.