Rule 14 Consolidation of Proceedings

COMMENTARY:

Under prior law, the family court had exclusive jurisdiction over all guardianships of the persons. Under the new guardianship statute, specifically HRS § 560:5-106, the probate court now has concurrent jurisdiction over guardianships of adult persons (but not minors) where there is also a conservatorship proceeding.

New Rule 100(b) provides that a party may file a single petition in probate court to initiate a guardianship of an adult person and a conservatorship of the same adult person. It is anticipated that an action to initiate a guardianship for an adult person but not a conservatorship for the same adult person will be filed in family court and that an action to initiate a conservatorship for an adult person but not a guardianship for the same adult person will be filed in probate court. If separate proceedings are filed (or for those matters filed before January 1, 2005 for guardianship of the person for an adult and guardianship of the property for the same adult), then the court may permit consolidation of guardianship and conservatorship proceedings concerning the same adult person in probate court.

(Commentary amended February 16, 2005, effective nunc pro tunc January 1, 2005.)