Rule 119 Ex Parte Termination of Proceedings

COMMENTARY:

1995 Commentary: HRS § 560:5-430 was amended in 1992 to eliminate the requirement for a hearing to terminate a guardianship where the guardianship automatically terminates because of the death of or attainment of the age of majority by the protected person. This rule adds the additional requirement that for the guardian to be discharged on an ex parte basis, the personal representative of the deceased protected person or the former protected person must consent to the final accounting; otherwise a hearing will be held on any objections to the accounting.

2005 Commentary: HRS § 560:5-431 requires filing a final report within 60 days after the death of the protected person or attainment of majority or emancipation for a protected person who is subject to conservatorship because of minority. HRS § 560:5-420 sets forth the contents of the report, including assets, income, and expenditures -- the same items as an "accounting" previously required.

Prior to the time the final report and petition for discharge are due, the court for good cause may enlarge the time requirement for the conservator to file the final report and petition for discharge.

Notwithstanding HRS § 560:5-431(d), where a conservatorship terminates because of the death of the protected person or attainment of the age of majority or emancipation by the protected person, the conservator may be discharged on an ex parte basis. The ex parte petition shall specifically request that the court waive the safeguard requirements of Part 4 of Article V of Chapter 560.